STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 99-144 (1)   Creation (2)   Serve as an advisory body  (3)   The Commission shall   (4)   Voting members  (5)   Meetings  (6)   Technical Committees  (7)   Fees   (8)   Funding   (9)   Effective Dates

STATE OF FLORIDA
OFFICE OF THE GOVERNOR

EXECUTIVE ORDER NUMBER 99-144

    WHEREAS, the South Florida region, including the Everglades ecological system, is internationally recognized as a unique area of state, national and international importance, and;

    WHEREAS, South Florida is a booming international commercial, financial, agricultural and tourist region with an international ethnic population having diverse cultural, religious, economic and social values, and;

    WHEREAS, the South Florida region is visited by an estimated twenty million visitors each year, over forty percent of the total annual visitors to the State of Florida, and;

    WHEREAS, approximately forty percent of the state’s population resides in the sixteen counties of the South Florida Water Management District, which comprise the Everglades ecological system. The South Florida population is expected to nearly double by the year 2050, and;

    WHEREAS, the Everglades ecological system, including the Kissimmee River Basin, Lake Okeechobee, the Everglades, the Big Cypress Swamp, the Ten Thousand Islands, Florida Bay, and the Florida Keys, is an irreplaceable natural asset, and it is the major source of fresh water for the region, and;

    WHEREAS, the Everglades ecological system is home to many threatened and endangered species of plants and animals, is the most significant breeding ground for wading birds in North America, is a principal nursery area for commercial and sport fisheries, and is home to the only coral reef in the continental United States, and;

    WHEREAS, the effects of rapid population growth in South Florida, including land development and conversion, water drainage and diversion, and pollution, have resulted in severe impacts to the Everglades ecological system including a reduction of approximately 50% of the historical Everglades wetlands, poor water quality and insufficient water quantity in the remaining Everglades, the loss of large numbers of wading birds, a drastic reduction in the population of the endangered Florida panther and other species of plants and animals, and;

    WHEREAS, the 1999 Florida Legislature enacted, and the Governor has signed Senate Bill 1672, which states that the Central and Southern Florida Project Comprehensive Review Study (C&SF Project Restudy) is important for restoring the Everglades ecosystem and sustaining the environment, economy and well-being of South Florida, and;

    WHEREAS, the Governor’s Commission for a Sustainable South Florida, since its appointment in 1994, has produced significant reports with recommendations for protecting and restoring the Everglades ecosystem while ensuring a continued healthy economy in South Florida. These reports are: Initial Report, 1995; Everglades Water Budget, 1995; The Conceptual Plan, 1996; Aquifer Storage and Recovery, 1996; Ranking of Farm Bill Land Acquisition Projects, 1996: Seepage Management Report, 1997; Ranking for Critical Restoration Projects, 1997; Energy Report, 1997; Interim Report on the C&SF Project Restudy, 1998; A Report on Full Cost Accounting, 1998; Restudy Plan Report, 1999; Report on the January 25, 1999 Draft Implementation Plan of the C&SF Project Restudy, 1999; Funding of the C&SF Project, 1999; and, Planning for 2050, 1999; and

    WHEREAS, pursuant to the federal Water Resources Development Act of 1996, the Governor’s Commission for a Sustainable South Florida has served as an advisory body to the South Florida Ecosystem Restoration Task Force providing recommendations on Everglades ecosystem protection and restoration and South Florida regional and community issues, and;

    WHEREAS, the federal Water Resources Development Acts of 1992 and 1996 directed the Corps of Engineers to undertake the C&SF Project Restudy and to consider the Conceptual Plan recommended by the Governor’s Commission, and;

    WHEREAS, there is a continuing need for an advisory body, with representation of the diverse citizens and organizations who have participated or are interested in Everglades restoration and South Florida issues, to review and provide recommendations on the implementation of the C&SF Project Restudy, to provide practical recommendations to the South Florida Ecosystem Restoration Task Force and to help reconcile differences among stakeholder interests;

    NOW THEREFORE, I, JEB BUSH, Governor of the State of Florida, pursuant to the Constitution and Laws of the State of Florida, do hereby promulgate the following Executive Order, effective July 1, 1999:

    Section 1. The Governor’s Commission for the Everglades is hereby created.

    Section 2. The Commission will serve as an advisory body to the South Florida Ecosystem Restoration Task Force, as a forum for improving decision-making and public participation in Everglades restoration and South Florida economic and community sustainability, evaluate and make recommendations on the funding and implementation of the C&SF Project Restudy, consider the needs of rural and low income communities as Everglades restoration progresses, and, recommend actions to better integrate land, water and transportation planning for the South Florida region.

    Section 3. The Commission shall:

    I. Serve as an advisory body to the South Florida Ecosystem Restoration Task Force regarding Everglades protection and restoration issues, pursuant to section 528, Water Resources Development Act of 1996. In carrying out this task the Commission shall:

A. In cooperation with the South Florida Ecosystem Restoration Task Force, its Working Group, and South Florida stakeholders, identify relevant issues in need of discussion and resolution and, through the use of consensus building and negotiation, attempt to resolve any conflicts (with a report to the Task Force), or provide an action agenda for resolving any conflicts. Issues should be drawn from efforts to protect and restore the Everglades, implement the C&SF Project Restudy, better integrate rural and/or low-income community concerns with Everglades and Restudy initiatives or better integrate land use, water use and transportation planning.

B. Evaluate and make practical, consensus-based recommendations to the Task Force on Everglades restoration and C&SF Project Restudy implementation policy and funding issues.

C. Assist the Task Force and the Working Group to improve public involvement and outreach efforts regarding Everglades restoration, C&SF Project Restudy implementation and South Florida sustainability initiatives.

D. With the assistance of the Regional Planning Councils, local governments, the South Florida Water Management District and appropriate state agencies, recommend a model demonstration, community-based planning and participation project for at least one C&SF Project Restudy component.

    II. Review and evaluate implementation and funding of the Central and Southern Florida Project Restudy Comprehensive Plan for renovating and improving the Central and Southern Florida Project. Specific tasks shall include (but not be limited to):

A. Using the Conceptual Plan (1996) and/or other appropriate reports produced by the Governor’s Commission for a Sustainable South Florida and the Task Force or Working Group, review selected C&SF Project Restudy Feasibility Studies, Pilot Projects and/or Project Implementation Reports to determine whether they are consistent with the Conceptual Plan, and prepare appropriate reports on any findings. The Commission should periodically review, and revise if necessary, the Conceptual Plan as new information becomes available from implementation of the Restudy.

B. Review and evaluate proposed C&SF Project Restudy funding plans of the South Florida Water Management District and the Corps of Engineers, and provide practical recommendations for reducing costs where possible, and identify practical long-term funding sources for implementation of the Restudy.

C. In cooperation with the Corps of Engineers, the South Florida Water Management District and other appropriate organizations, identify controversial issues that may impede Restudy plan implementation, and recommend practical action steps to resolve any conflicts. Steps should include single-issue Commission meetings held in appropriate basins, project site visits, case study and conflict resolution reports.

    III. Evaluate critical water management issues and prepare practical recommendations for timely resolution. Specific areas of review shall include:

A. Lake Okeechobee water quality. The Commission shall review and evaluate current water quality programs and recommend steps to improve the Lake’s water quality.

B. Water conservation efficiency. The Commission shall review and evaluate the extent and results of water conservation programs currently in place and recommend improvements and methods for program expansion.

    IV. Recommend practical actions for:

A. Integrating the needs of South Florida’s low income and rural communities with Everglades restoration and C&SF Project Restudy project implementation. This shall include a review of farm worker housing needs and recommendations for alleviating farm worker housing shortages.

B. Improving the involvement of low-income rural and urban communities in decision-making processes. This shall include use of the Department of Community Affairs’ Sustainable Community Network as appropriate.

C. Developing, with the assistance of the State University System and/or private universities, a prototype rural project to demonstrate the application of full benefit/cost assessments for a selected C*SF Project Restudy component.

D. Restoring, managing, protecting and preserving the natural resources comprising the Everglades ecosystem.

E. Guiding the appropriate use of land impacting the Everglades ecosystem.

F. Enhancing sustainable and environmentally compatible development that sustains the regional economy and supports a healthy Everglades ecosystem.

G. Creating sustainable agricultural programs compatible with Everglades ecosystem restoration and protection.

H. Allocating natural resources to support natural and human systems.

I. Implementing additional actions as determined by the Commission.

    Section 4. The Commission shall have 27 voting members. The members shall include representatives of the following, in addition to the Lieutenant Governor of Florida, who shall serve as the Chairman:

* Four citizens representing not-for-profit organizations.

* Four citizens representing agriculture or related industries (e.g. aquaculture).

* Four citizens representing business/industry interests.

* The Secretaries of the Departments of Community Affairs, Environmental Protection and Transportation, the Commissioner of Agriculture, the Executive Director of the Florida Fish and Wildlife Conservation Commission and the Chair of the South Florida Water Management District Governing Board, or their designees with the consent of the Chair of the Commission.

*. Six local governments, including Regional Planning Councils; three from the Southeast Coast, 2 from the Southwest Coast and one from a rural community.

* The Seminole Tribe of Florida and Miccosukee Tribe of Indians, and

* Two ex-officio, non-voting members: The Executive Director of the South Florida Ecosystem Restoration Task Force and the Chair of the South Florida Ecosystem Restoration Working Group if a federal agency representative. In years when the Working Group chair is not a federal representative, the Chair, South Florida Ecosystem Restoration Task Force shall recommend to the Governor, the appointment of a federal agency representative on the Working Group.

            The members of the Commission shall be appointed by the Governor and shall serve two-year terms. The Governor shall fill vacancies on the Commission as necessary. If a Commission member is absent more than two consecutive meetings without good cause such absences may be cause for removal by the Governor.

    Section 5. The Commission shall meet quarterly, at a minimum, and shall meet upon the call of the Chair. Additional meetings may be called by the Chair on an as needed basis. The Commission may establish committees to, upon direction of the Chair, meet as needed.

    Section 6. The Commission may create one or more technical committees to assist with preparing technical information and briefings for the Commission on issues regarding Everglades restoration and protection, C&SF Project Restudy, South Florida communities and the economy, sustainable agriculture, or other appropriate subjects. The Commission may also create one or more citizen advisory committees.

    Section 7. Commission members and members of any committee or advisory committee created by the Commission, shall not receive fees for their services. Commission members shall be reimbursed for travel and expenses pursuant to Chapter 112, Florida Statutes, for attendance at Commission meetings, to the extent funds are available for this purpose. The State of Florida Public Officers and Employees Policy (Chapter 112, F.S.) shall guide expense reimbursement procedures. Public officers and employees shall be reimbursed by their respective agencies in accordance with the same policy (Chapter 112, F.S.).

    Section 8. Administrative, staff, research, and funding support to the Commission shall be provided by the Departments of Environmental Protection, Community Affairs, Transportation and Agriculture and Consumer Affairs, the Florida Fish and Wildlife Conservation Commission, the South Florida Water Management District, the State University System, the South, Southwest and Treasure Coast Regional Planning Councils, the Governor’s Council for a Sustainable Florida and the Florida Conflict Resolution Consortium in coordination with the Executive Office of the Governor. The Commission is authorized to enter contracts for support services or assistance as needed, upon approval of the Chair of the Commission. Governor’s agencies are directed and all other agencies are requested to cooperate with and assist the Commission to implement this Executive Order.

    Section 9. This Executive Order shall remain in effect for two years from this date.