05-15-07 Item 19A
f
" •+ CITY OF SOUTH MIAMI
INCORPORATED
OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, City Manager
From: Eva Rosa, Code Enforcement Manager
Date: April 24, 2007
Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO AMENDING CHAPTER 14
ENTITLED "EMERGENCY MANAGEMENT ;" CREATING SECTION 14 -5.1
ENTITLED WATER CONSERVATION AND EMERGENCY WATER
RESTRICTION ENFORCEMENT; PROVIDING FOR CODE ENFORCEMENT
AND POLICE ENFORCEMENT OF EMERGENCY WATER RESTRICTION
DECLARATIONS ISSUED BY THE SOUTH FLORIDA WATER MANAGEMENT
DISTRICT; PROVIDING FOR POLICE ENFORCEMENT VIA. CRIMINAL
PROCESS OF STATE LAW; AND DIVISION OF CODE COMPLIANCE
ENFORCEMENT THROUGH THE CITY'S CIVIL CITATION SYSTEM UNDER
SECTION 2 -21, OF THE CITY'S CODE OF ORDINANCES; PROVIDING FOR
FINES AND APPEAL PROCESS; PROVIDING FOR ORDINANCES IN
CONFLICT, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE
Request: To create a mechanism that Code Enforcement and Police Department may
enforce emergency water restrictions issue by the South Florida Water
Management District on behalf of the health, welfare, safety and conservation
needs of the state may issue water restriction requirements.
Reason /Need: The South Florida Water Management District (SFWMD) has declared phase II
water use restrictions for all of Miami -Dade County and requested local
government's assistance enforcing these restrictions. In an effort to enforce the
requirement of SFWMD, we have to create and adopt a "Conservation and
Emergency Water Restrictions" by amending Chapter 14 of the City's Code
Cost: N/A
Funding Source: N/A
Backup Documentation: - Proposed Ordinance
- SFWMD Declaration Order No. 2007- 056- DAO -WS
- Notice from SFWMD regarding Severe Drought Edition
KAmy document \ORD. & RESOLMATER RESTRICTIONS ORD.doc
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING
5 CHAPTER 14 ENTITLED "EMERGENCY MANAGEMENT;" CREATING
6 SECTION 14-5.1 ENTITLED WATER CONSERVATION AND EMERGENCY
7 WATER RESTRICTION ENFORCEMENT; PROVIDING FOR CODE
8 ENFORCEMENT AND POLICE ENFORCEMENT OF EMERGENCY WATER
9 RESTRICTION DECLARATIONS ISSUED BY THE SOUTH FLORIDA
10 WATER MANAGEMENT DISTRIC :T; PROVIDING FOR POLICE
11 ENFORCEMENT VIA CRMNAL PROCESS OF STATE LAW; AND
12 DIVISION OF CODE COMPLIANCE ENFORCEMENT THROUGH THE
13 CITY'S CIVIL CITATION SYSTEM UNDER SECTION 2 -21, OF THE CITY'S
14 CODE OF ORDINANCES; PROVIDING FOR FINES AND APPEAL
15 PROCESS; PROVIDING FOR ORDINANCES IN CONFLICT,
16 CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
17
18 WHEREAS, the Mayor and City Commission of the City of South Miami desire to create
19 a mechanism to enforce emergency water restrictions that issue from the South Florida Water
20 Management District; and,
21
22 WHEREAS, pursuant to sections 373.609 and 373.613, Florida Statutes, and the Florida
23 Administrative Code, Chapter 40E -21, the South Florida Water Management District on behalf
24 of the health, welfare, safety and conservation needs of the state may issue water restriction
25 requirements; and,
26
27 WHEREAS, pursuant to state law and county home rule powers, all police officers and
28 sheriffs may enforce the criminal penalty provisions of the Florida Statutes in order to ensure
29 county -wide and state -wide compliance with the emergency rules; and,
30
31 WHEREAS, pursuant to chapter 373, FAC 40E -21, and County Code Section 21 -8, not
32 only may police officers and sheriffs enforce the criminal sanctions anywhere within the affected
33 community subject to the emergency water restriction rules, but, there may be a delegation of
34 enforcement power to other agencies, or subdivisions of the county or a municipality; and,
35
36 WHEREAS, additionally, municipalities may create and enforce a system of compliance
37 under a civil citation process; and
38
39 WHEREAS, the Mayor and City Commission desire to create and adopt section 14 -5.1
40 entitled "Conservation and Emergency Water Restrictions."
41
42 BE IT ENACTED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
43 SOUTH MIAMI, FLORIDA, AS FOLLOWS:
44
45
Additions shown by underlining and deletions shown by ever-st g
1 Section 1. Chapter 14 of the Code of Ordinances of the City of South Miami,
2 entitled "Emergency Management," is hereby amended to read as follows:
3
4 14 -5.1 Conservation and Emergency Water Management
5
6 (a) Intent and purpose.
7
8 It is the intent and purpose of this section to protect the water resources of the city from the
9 harmful effects of over - utilization during periods of water shortage and allocate available water
10 supplies by assisting the South Florida Water Management District in the implementation of its
11 water shortage plan.
12
13 (b) Definitions.
14
15 The following words, terms and phrases, when used in this division, shall have the meanings
16 ascribed to them in this section, except where the context clearly indicates a different meaning:
17
18 District means the South Florida Water Management District (SFWMD).
19
20 Water resource means any and all water on or beneath the surface of the ground, including
21 natural or artificial watercourses, lakes, ponds, or diffused surface water, and water percolating,
22 standing, or flowing beneath the surface of the ground.
23
24 Water shortage condition is when sufficient water is not available to meet present or anticipated
25 needs of persons using the water resource, or when conditions are such as to require temporary
26 reduction in total water usage within a particular area to protect the water resource from serious
27 harm. A water shortage usually occurs due to drought.
28
29 Water shortage emergency means that situation when the powers which can be exercised under
30 Florida Administrative Code, part H, of chapter 40E -21, are not sufficient to protect the public
31 health, safety or welfare or the health of animals;, fish or aquatic life, or a public water supply, or
32 commercial, industrial, agricultural, recreational or other reasonable uses.
33
34 (c) Application of this section.
35
36 The provisions of this chapter shall apply to all persons using the water resource within the
37 geographical areas subject to the water shortage or water shortage emergency as determined by
38 the district, whether from public or privately owned water utility systems, private wells, or
39 private connections with surface water bodies. This chapter shall not apply to persons using
40 treated effluent or salt water.
41
42 (d) Amendments to water shortage plan.
43
44 The Florida Administrative Code, chapter 40E -21 is incorporated herein by reference as a part of
45 this Code.
Additions shown by underlining and deletions shown by eves ag.
1
2 (e) Declaration of water shortage; water shortage emergency.
3
4 The declaration of a water shortage or water shortage emergency within all or any part of the city
5 by the governing board or the executive director of the district shall invoke the provisions of this
6 chapter. Upon such declaration, all water use restrictions or other measures adopted by the
7 district applicable to the city, or any portion thereof, shall be subject to enforcement action
8 pursuant to this division. Any violation of the provisions of the Florida Administrative Code,
9 chapter 40E -21, or any order issued pursuant thereto, shall be a violation of this chapter.
10
11 (f) Enforcement.
12
13 Every police officer having jurisdiction in the area governed by this division shall, in connection
14 with all other duties imposed by law, diligently enforce the provisions of this division. The city's
15 Department of Code Compliance shall also enforce the provisions of this code. In addition, the
16 city manager may also delegate enforcement responsibility for this division to agencies and
17 departments of the city government, or cities in the service areas governed by this chapter in
18 accordance with state and local law.
19
20 (g) Penalties.
21
22 (1) Violation of any provision of this division shall be subject to the following
23 penalties:
24
25 (i) First violation, $150.00.
26 (ii) Second violation, $300.00
27 (iii) Third and subsequent violations, a fine not to exceed $500.00.
28
29 (2) Each day in violation of this division shall constitute a separate offense. In the
30 initial stages of a water shortage or water shortage emergency, law enforcement officials may
31 provide violators with no more than one written warning. The city, in addition to the civil
32 sanctions contained in this division, may take any other appropriate legal action, including but
33 not limited to emergency injunctive action, to enforce the provisions of this division. The police
34 department may adhere to section 32 -8.1, of County Code, indicates that should SFWM.D
35 implement a water shortage plan, and declare a water shortage, the provisions of chapter 32 go
36 into effect, and all police officers may issue criminal sanctions as provided under state law and
37 county code.
38
39 (h) Water users to accept provisions of division.
40
41 No water service shall be furnished to any person by a public or private utility unless such person
42 agrees to accept all the provisions of this division. The acceptance of water service shall be in
43 itself the acceptance of the provisions of this division.
44
45 (i) Appeals.
46
Additions shown by underlining and deletions shown by eversL-fldng
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Appeals under the City's civil citation system of citations issued under section 14- 5.1(g) shall be
to the City's special master as provided for under section 2 -21, of the city's code of ordinances.
Criminal Citations under state law and :Miami -Dade County code, as authorized under 32 -8.1,
shall be heard as provided for under 373.609, and 373.613, Florida Statutes, and Rule 40E -21,
Part V, Florida Administrative code of the South Florida Water Management District.
Section 3. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this ordinance.
Section 4. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed.
Section 5. This ordinance shall be codified and included in the Code of Ordinances.
Section 6. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this _ day of . , 2007.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
Luis R. Figueredo,
Nagin Gallop Figueredo, P.A.
Office of City Attorney
APPROVED:
MAYOR
1st Reading —
2nd Reading —
COMMIS SION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Birts:
Commissioner Beckman:
Commissioner Palmer:
Additions shown by underlining and deletions shown by evers&Aifig.
Mission Statement:
To underscore our commitment
to keep you informed, we will
send this update weekly. We
encourage you to share this
water resources information with
your constituents.
South Florida Water
Management District
www. sfwmd. gov
Big Cypress Basin
Service Center
Phone: (954)713 -3200
Broward Service Center
Phone: (954)713 -3200
Florida Keys Service Center
Phone: (305)853 -3219
Lower West Coast
Service Center
Phone: (239) 338-2929
Weekly Update
April 12, 2007
State ®f the water Management System
Special Edition
When severe conditions develop in our region -such as a heavy rainfall, drought or
other water - related emergencies -look for special editions of this "State of the
Water Management System" report to provide you with timely and relevant
briefings on the situation. This information will be distributed frequently throughout
the event to make sure you are kept up to date on current conditions and have the
latest information about what the District is doing to prepare and respond to
severe weather events.
System-Wide Overview
-W
Click map for larger image
The drought and subsequent water shortage of 2007 are the result of persistent
low rainfall dating back to 2006, which ranked as the sixth - driest year on record in
terms of District -wide rainfall. The trend continued through the first three months of
2007. The U.S. Drought Monitor, which identifies general drought areas by
intensity, has recently categorized all areas of the District as either moderate or
severe drought zones with a prediction of possible drought intensification. Since
its inception, the District has never experienced a drought this severe.
The water level in Lake Okeechobee, a bellwether measurement of the District's
water supply, is more than four feet below its historical average for this time of
year. The District will not be able to use Lake Okeechobee as a back -up water
supply source for residents in the Lower East Coast. In addition, lake levels
throughout the Kissimmee Chain of Lakes are well below normal, creating
possible problems for boaters and potentially impacting the regional ecology, in
Martin /St. Lucie Service
Center
Phone: (772) 223 -2600
Miami /Dade Service Center
Phone: (305) 377 -7274
Okeechobee Service Center
Phone: (863) 462 -5260
Orlando Service Center
Phone: (407) 858 -6100
Palm Beach Service Center
Phone: (561) 682 -2283
addition to reducing the regional water supply.
District Actions
'Despite some recent rains, serious drought conditions persist throughout the
region. Select wells in the Upper East Coast and Lower West Coast are
approaching levels recorded during the 2000/2001 drought. In response, the
Governing Board expanded the current water use restrictions at today's meeting.
The new restrictions become effective tomorrow, April 13, for all areas. See Area
Water Restrictions
`Based on U.S. Army Corps of Engineers criteria, the District cut -off water
withdrawals from the Everglades Water Conservation Areas for local drainage
districts in the Lower East Coast Service Area, which comprises Palm Beach,
Broward, Miami -Dade and Monroe counties. This equates to 600 million gallons
per day that no longer will be available to residents of the Lower East Coast.
`The District requested from the U.S. Army Corps of Engineers emergency,
temporary deviations for Water Conservation Areas 1, 2A and 3A, allowing the
water levels in these areas to temporarily drop below the floor elevations
mandated by the current regulation schedule levels. The goal is to move water
east, if needed, not for water supply needs but to prevent saltwater intrusion and
possible contamination of public water supply wellfields in the Lower East Coast
region.
'The District installed 10 of 14 submerged temporary forward pumps, which are
used to draw water out of the lake for water supply needs when levels fall below
10.2 feet. The pumps provide limited ability to move water out of Lake
Okeechobee for local irrigation, but they cannot help replenish Lower East Coast
water supplies. When the lake drops to this level, it becomes difficult to deliver
water to downstream users because gravity can no longer effectively move
enough water through existing control structures.
`The District's Emergency Operations Center has been activated and is now
operating continuously. The full -time team staffing the Emergency Operations
Center is anticipating all possible situations and taking proactive approaches. As
part of its emergency operations, the District developed special situation teams to
address the concerns of specific user groups, impacts to the local canal
infrastructure, and unique residential concerns, among others.
'The District also is anticipating numerous calls and emails from local residents as
they observe changes in their neighborhood canals and impacts on the local
wildlife. The District's Citizen Information Line now operates daily with a full -time
staff of four team members trained to answer such questions as well as provide
useful water conservation tips and specific water restriction information. For
additional information, area residents are encouraged to call the District's toll -free
Water Shortage Hotline at 1- 800 -662 -8876 or contact their regional District service
center. Helpful water conservation tips and specific information on current water
use restrictions are available at www.sfwmd.gov /conserve.
'The District has increased monitoring and compliance activities with District -
permitted major water users - agriculture, golf courses, etc. The District is relying
on our local government partners to enforce restrictions in the community, and
have held a series of water shortage compliance workshops for local government
officials in Monroe, Miami -Dade, Broward, Lee, Collier, Hendry, Okeechobee and
Palm Beach counties.
Area Water Restrictions:
water ShartageAreas
f f rcymM 4'13:k�T
Click map for larger image
Everglades Agricultural Area
Modified Phase Three or extreme water shortage conditions have been declared
for Everglades Agricultural Area farmers who rely on Lake Okeechobee for
irrigation water. This requires a 45 percent cutback in their weekly allocations.
Lake Okeechobee Service Area
(Includes portions of Hendry, Glades, Lee, Okeechobee, Palm Beach, Martin
counties) Phase Two restrictions remain in place for other Lake Okeechobee
Service Area water users. This require a 30 percent reduction for agricultural and
other District permitted users and limits lawn watering to no more than two days a
week for residents and businesses using surface water sources.
Lower East Coast
(Includes eastern Miami -Dade, Broward, Palm Beach and Monroe counties, as
well as residents and business in Martin County served by the Tequesta Water
Utility) Phase Two restrictions require a 30 percent reduction for agricultural and .
other District permitted users and limits lawn watering to no more than two days a
week for residents and businesses using surface water sources. These
restrictions apply to all traditional surface and groundwater sources - including
water from public utilities, private wells, lakes, canals and ponds.
Lower West Coast
(Includes Hendry, Glades, Lee and Collier counties and a portion of Charlotte
County) Phase Two restrictions require a 30 percent reduction for agricultural and
other District permitted users and limits lawn watering to no more than two days a
week for residents and businesses using surface water sources. These
restrictions apply to all traditional surface and groundwater sources - including
water from public utilities, private wells, lakes, canals and ponds.
Upper East Coast
(Includes Martin and St. Lucie counties) Phase 1 or moderate restrictions are now
in effect for residents and businesses in Martin and St. Lucie counties, except
those as residents and business in Martin County served by the Tequesta Water
Utility who are under Phase Two restrictions. Lawn watering is allowed up to
three - days -a -week and, again, these restrictions apply to all traditional surface
and groundwater sources.
Agricultural users in the Lake Istokpoga area and in St. Lucie and Martin counties
continue to have limits on withdrawals from area canals.
REC IV5_7i7
::f ; ITT CI.f;'S OFFf;;F
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
"' P ,
3301 GUN CLUB ROAD ..��� E 2 2907 4: 49 R =:
WEST PALM BEACH, FLORIDA
Z`Dlifi FI_CR!D�
MAQAC,.': IEHT DISTRICT
IN THE MATTER OF: Order No. 2007 - 056- DAO -WS
Declaration of Emergency Modified Phase II Severe
Water Shortage Restrictions for all Use Classes
Withdrawing Water from the Surficial Aquifer
and the Surface Waters within the Lower East
Coast Region, including the Interior Palm Beach
County Water Use Basin, Loxahatchee River
Water Use Basin, C -18 Water Use Basin,
North Palm Beach County Water Use Basin,
M -Canal Water Use Basin, Water Conservation
Area 1/West Palm Beach Canal Water Use Basin,
Water Conservation Area 2 Water Use Basin,
Water Conservation Area 3 Water Use Basin, and
the South Dade Water Use Basin, and the
Water Conservation Areas/Everglades National Park
Water Conservation AreaslEverglades National Park
Water Use Basin within Martin, Palm Beach,
Broward, Miami -Dade, and Monroe Counties.
DECLARATION OF EMERGENCY MODIFIED PHASE 11 SEVERE
WATER SHORTAGE RESTRICTIONS
The Governing Board of the South Florida Water Management District
(hereinafter "District "), after considering recommendations of District staff and being
otherwise fully apprised of the matter, issues this Order pursuant to Sections 373.083,
373.175 and 373.246, Florida Statutes ( "F.S. ") and Chapter 40E -21, Florida
Administrative Code ( "F.A.C. "), based on the following Findings of Fact and Ultimate
Facts and Conclusions of Law.
FINDINGS OF FACT
1. On March 15, 2007, the Governing Board issued Water Shortage Order
No. 2007- 034- DAO -WS. That Order, which became effective on March 22, 2007,
imposed modified Moderate Phase I Restrictions, pursuant to Chapter 40E -21. F.A.C.
A copy of Order No. 2007 - 034- DAO -WS is available at www.sfwmd.gov or from the
District Clerk.
21 The water sources subject to this Order are the Surficial Aquifer and
surface waters within the following water use basins: the Lower East Coast Region
particularly described as the Interior Palm Beach County Water Use Basin:
Loxahatchee River Water Use Basin, C -1 S Water Use Basin, North Palm Beach County
Water Use Basin, M -Canal Water Use Basin, Water Conservation Area 1/West Palm
Beach Canal Water Use Basin, Water Conservation Area 2 Water Use Basin, Water
Conservation Area 3 Water Use Basin, and the South Dade Water Use Basin, and the
Water Conservation Areas /Everglades National Park Water Conservation
Areas /Everglades National Park Water Use Basin as depicted on the attached and
incorporated Exhibit A. These Basins are within Martin, Palm Beach, Broward, Miami -
Dade, and Monroe Counties. However, the Town of Highland Beach in Palm Beach
County shall not be subject to this Order due to 100 percent use of Floridan Aquifer
water to serve the needs of the users in this community.
3. All water use classes identified in Rule 40E- 21.651, F.A.C., within the
above Basins are subject to this Order, except for Diversion and Impoundment
permitted uses which are subject to water shortage restrictions pursuant to Emergency
Water Shortage Order 2007 - 054- DAO -WS issued on April 4, 2007.
4. Since the effective date of Order No. 2007- 034- DAO -WS, the water
resource concerns described in that Order have intensified. Deficit rainfall has
significantly contributed to the current low water levels in the Water Conservation Areas
2
( "WCAs ") and Lake Okeechobee. District meteorologists have recorded a total of only
6.03 inches of District -wide rainfall from November 1, 2006 through March 31, 2007.
During the first three months of 2007, only 2.62 inches of rain has fallen District -wide;
this is 35 percent of the historical average for the three -month period ending March 31,
2007. The 2007 dry season currently ranks as the third driest hydrologic season in
recorded south Florida history.
5. The WCAs, west of the Lower East Coast, are relied upon as the primary
source of water to the Lower East Coast during the dry season in order to provide
groundwater recharge, saltwater intrusion prevention and recharge of public drinking
water wellfields. Historically deliveries have averaged up to 500 million gallons per day
during the dry season, and are higher during April and May. If the fresh groundwater
level declines, a significant potential for saltwater intrusion into the Lower East Coast
Region's surficial, fresh water aquifers exists. If a public water supply wellfield becomes
contaminated with saltwater, it may no longer be used to provide drinking water without
desalinization treatment. Moreover, once a wellfield experiences saltwater intrusion,
recovery is uncertain and can take many years for the saltwater front to be pushed
seaward.
6. Water availability in the WCAs is well below average for this time of year.
As of April 11, 2007, the level in WCA 1 was 14.27 feet NGVD, the level in WCA 2 was
10.42 feet NGVD, and the level in WCA 3A was 8.33 feet NGVD.
- 7. Water outflows from the WCAs to the Lower East Coast are regulated by
the U.S. Army Corps of Engineers Water Control Manual for the Water Conservation
Areas and Everglades National Park ( "regulation schedule "). Minimum levels in the
3
WCAs identified in the regulation schedules are 14 feet NGVD for WCA 1, 10.5 feet
NGVD for WCA 2, and 7.5 feet NGVD for WCA 3. As a result, WCA 2 has fallen below
its minimum levels. WCA 1 is fast approaching its minimum level and WCA 3A is
projected to fall below its minimum level within the next few weeks.
8. Lake Okeechobee has historically provided back -up water supplies to the
Lower East Coast when WCA water storage is depleted. However, the water level in
Lake Okeechobee is also below its historical average (1992 -2000) for this time of the
year, and about 4 feet lower than it was in 2005 and 2006. As of April 11. 2007, the
level of Lake Okeechobee was 10.07 feet NGVD. Water users of Lake Okeechobee
and surface water connected to the ,lake have been under water shortage restrictions
since November 16, 2006, when Modified Phase I restrictions were imposed. On March
15, 2007, these restrictions were increased to Modified Phase 11, or 30 percent
cutbacks. These restrictions were increased to Modified Phase III, or 45 percent
cutbacks, on April 12, 2007 for specific sub - Basins within the Lake Okeechobee Service
Area.
9. The back up source for the WCAs is Lake Okeechobee. Temporary
forward pumps have been installed at structures conveying water south of Lake
Okeechobee since gravity flows at such levels cannot occur. These pumps have
significantly limited capacities for delivering water south, and will primarily be relied
upon to provide water to the Everglades Agricultural Area (EAA) at reduced levels far
below its normal irrigation demand for this time of year. Due to the very limited pump
capacities and the large amount of conveyance losses that occur as the water is
transported many miles from the Lake to the coast, it is nearly physically impossible to
4
use the temporary forward pumps to move water supplies to the Lower East Coast. In
order to make even the most minimal deliveries to the coast, all water supplies to the
agricultural interests would need to be terminated until the coastal delivery is complete.
Terminating water supply deliveries to the EAA in order to make very minimal coastal
deliveries would result in substantial economic and social impacts to the area.
10. Once the WCA minimum levels are exceeded, as has occurred already in
WCA 2A, water deliveries to the Lower East Coast are restricted to the volume imported
from secondary sources. If another upstream source, which has historically been Lake
Okeechobee, is not available when a WCA level falls below the minimum, then water
supply deliveries to the Basins cannot be made from that WCA, unless the Corps
approves a temporary deviation from their regulation schedule. However, even if the
Corps approves the deviation requests. the amount of water made available to deliver to
the urban areas from the WCAs will be extremely limited and must be judiciously
managed.
11. As a result of lack of water availability from Lake Okeechobee and the
WCAs, the District has formally requested temporary deviations from the minimum
levels in WCA 1, 2A and 3A be issued by the Corps. The Corps has indicated that the
timeline for action on the deviation requests could be as long as four to six weeks. The
District is continuing to work with the Corps to expedite this deviation process to the
maximum extent practical, which may include the need for emergency actions if
groundwater levels in the Lower East Coast begin to decline to the extent groundwater
sources are threatened from saltwater intrusion.
9
12. The current low rainfall conditions are projected to persist through the
remainder of the 2007 dry season, and potentially beyond, and during this time period
the primary and secondary water supply sources in these areas, including Lake
Okeechobee and the WCAs, are projected to further decline.
13. Most of the recharge to the Lower East Coast occurs within secondary
canal systems operated by 298 districts within Broward and Palm Beach Counties,
which fall within the Diversion and Impoundment Use Class. These entities are charged
with operating these canal systems to provide recharge to public water supply welifields
and water supplies to agricultural and other irrigation users. As a separate measure to
conserve water, on April 4, 2007, the District imposed acute emergency water shortage
restrictions on these Diversion and Impoundment permitted users prohibiting all
withdrawals from the WCAs unless specifically authorized by the District, pursuant to
Emergency Water Shortage Order 2007 -054 DAO -WS.
14. With no reliable water supply available to the coastal basins from Lake
Okeechobee, and with the water supply from the WCAs nearing depletion, the threat of
saltwater intrusion into coastal welifields which provide drinking water to the people of
Southeast Florida continues to escalate. And with weather forecasts calling for
continued below average rainfall, and few alternative sources available for immediate
application, additional water use cutbacks are warranted for the affected Basins.
15. Some public water supply utilities within the affected Basins operate
interconnected welifields in both coastal and inland areas in accordance with wellfield
operational plans contained in consumptive use permit conditions. It may be possible to
minimize, delay, and 1 or avoid inland movement of the saltwater front by increasing
A
withdrawals from the inland wellfields and decreasing withdrawals from coastal
wellfields. Shifting pumpage location may result in temporary, for the duration of this
Order, exceedence of withdrawal limitations imposed in specific consumptive use
permits. Due to the short-term, temporary nature of any such shifting and the potential
ability to positively influence the factors contributing to movement of the saltwater front,
it is appropriate for withdrawals to shift inland, even if permit withdrawal limitations are
temporarily exceeded.
16. The District finds that an emergency declaration is required to address the
need for immediate action.
ULTIMATE FACTS AND CONCLUSIONS OF LAW
17. Pursuant to Section 373.083, F.S., the Governing Board is authorized to
issue orders to implement the provisions of Chapter 373, F.S., including emergency
orders pursuant to Section 120.569(2)(n), F.S. Sections 373.175 and 373.246, F.S..
specifically authorize the Governing Board to issue orders declaring the existence of a
water shortage.
18. Section 373.246, F.S., authorizes the Governing Board to adopt a water
shortage plan to regulate the withdrawal and use of water so as to protect the water
resources of the District. Chapter 40E -21, F.A.C., is the water shortage plan adopted
by the Governing Board.
19. Pursuant to Rule 40E- 1.611, F.A.C., an emergency exists when
immediate action is necessary to protect, public health, safety, welfare; the health of
animals, fish or aquatic life; the works of the District; a public water supply, or
7
recreational, commercial, industrial, agricultural or other reasonable uses of land and
water resources.
20. Based on the findings recited above and pursuant to Sections 373.175 and
373.246, F.S., it is hereby concluded that emergency conditions exist that pose an
immediate danger to the public health, safety, or welfare and requires an immediate order
of the District to protect the public health, safety or welfare.
21. A declaration of water shortage and any provision or restriction adopted
pursuant thereto under the water shortage plan may be modified by the Board pursuant
to Rule 40E- 21.291, F.A.C. Rule 40E- 21.271, F.A.C., recognizes the restrictions
contained in Part V of Chapter 40E -21, F.A.C., are general water use restrictions and
also authorizes the Governing Board to order any combination of restrictions in lieu of or
in addition to those in Part V, Chapter 40E -21, F.A.C.
22. The District's standard consumptive use permit conditions require, in
general, compliance with any District. Water Shortage Order.
23. Rule 40E- 21.401, F.A.C., and permit conditions, authorize the Governing
Board to obtain data concerning monitoring of water usage.
24. The District has monitored the condition of the water resources and the
needs of the users.
25. Based on the cumulative assessment of water availability in Lake
Okeechobee, the WCAs, and climate forecasts, it is projected that sufficient water will
not be available in the regional system to meet anticipated demands without further
mandatory restrictions on water usage within the affected Basins. The rapid decline in
surface water levels in the regional system, the potential for groundwater level declines,
u
and the present and projected water demands in the Basins require the imposition of
increased mandatory water shortage restrictions.
26. Considering the above findings of fact, it is necessary to declare a
water shortage, imposing Modified Phase II Severe Water Shortage Restrictions for all
use classes, except the diversion and impoundment permitted use class, withdrawing
water from the Surficial Aquifer and the surface waters within the affected Basins within
Martin, Palm Beach, Broward, Miami -Dade, and Monroe Counties. The Phase it
restrictions identified in Rule 40E- 21.531, F.A.C.. and as modified by this Order, are
geared toward achieving the goal of a 30 percent cutback in overall demand. Diversion
and impoundment permitted users are subject to restrictions imposed by a separate
Emergency Water Shortage Order 2007- 054- DAO -WS.
ORDER
Based upon the above Findings of Fact, Ultimate Facts and Conclusions of Law,
the Governing Board orders that:
27. Modified Phase II Severe Water Shortage restrictions are imposed on all
use classes, except for diversion and impoundment permitted users, that withdraw
water from the Surficial Aquifer or the surface waters within the affected Basins as
depicted in the attached Exhibit A. In addition, the Town of Highland Beach in Palm
Beach County shall not be subject to this Order. A copy of the Modified Phase II
Severe Water Shortage Restrictions, is attached as Exhibit B.
28. Information regarding this Order is posted on the District's Internet Web
Site at www.sfwmd.gov, and will be communicated on a water "user hotline" for persons
that do not have access to the Internet or have additional questions for District staff.
E
29. Permitted water users are requested to continue submitting water usage
monitoring data in accordance with permit conditions. The Director of the Water Use
Regulation Division is authorized to request, in writing, those permitted water users
whose permit conditions require submittal of water usage monitoring data to provide
additional data or data submittals at increased frequencies, as determined appropriate.
30. A user may request relief from this Order by filing an application for
variance in accordance with Rule 40E- 21.275, F.A_C., but must conform to the water
use restrictions until the Executive Director grants a temporary variance or the
Governing Board grants a variance.
31. Variances previously granted from Order No. 2007- 034- DAO -WS will
continue to be effective under this Order. Variances shall expire upon a declaration by
the Governing Board that a water shortage in the affected areas no longer exists,
thereby rescinding this Order and Order No. 2007- 034- DAO -WS, or when a more
restrictive water declaration is made in the affected areas (unless otherwise provided in
such water shortage declaration).
32. Permitted public water supply utilities who have coastal and inland
wellfields are encouraged. to the extent practical and for the duration of this Order, to
shift their pumpage to inland wellfields, even if such shifting results in the temporary
exceedence of consumptive use permit limits on specific well allocations.
33. The Governing Board requests that every city and county commission,
state and county attorney, sheriff, police officer and other appropriate local government
official within the boundaries of Exhibit A assist in the implementation and enforcement
of this Water Shortage Order. The District staff will cooperate with the local
10
governments in implementing such enforcement measures.
34. This Order imposing modified Phase II Severe Water Shortage
Restrictions, shall become effective on April 13, 2007 and shall remain in effect until
modified or rescinded by the Governing Board, or the Executive Director, if the
circumstances set forth in Subsection 40& 21.291(5). F.A.C., are present.
We:
(col
AT7
BY:
ON
35. A copy of the Notice of Rights is attached as Exhibit C.
DONE AND SO ORDERED at a public meeting held at 3301 Gun Club Road,
?th day of April, 2007.
11
SOUTH FLORIDA WATER
MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
L NOUN
P jo
Legal Form Approved:
BY
Elizabeth D. Ross
Lower East Coast Modified
Phase 11 Water Shortage Area
Martin
Glades Lake
NRTHERN PALM CH
Okeechobee C Ut!TY SERVICE A EA
-- -- West Palm Beach
Pal Beach LEC -
SERVICE
r -- ^--- - - - - -t � \ AREA t
Hendry WCA t
r —! i I ! - --R
L------- -- - - -- WCA2
1 -75 CANAL VBroward CA 3 LEC
Collier A
{j ^= "_ANAL� ' LEC RVICE
AR 3
Miami `
Co m
mesfead
iA sk
a•• p e ®S o b
Florida Bay`* i
r
c �P
0
o a
Q
�? 10 5 0 10 Miles
l00
Ft. Lauderdale
U
0
Q
Modified Phase if Water
Order Affected Areas
SFWMD Canals
-- County Lines
Lower East Coast Service Areas
Everglades National Park Basin
Water Catchment Areas
EXHIBIT A
EXHIBIT B
MODIFIED PHASE II RESTRICTIONS FOR LOWER EAST COAST
(1) Essential /Domestic /Utility /Commercial.
(a) Essential Use.
1. The use of water for firefighting, safety, sanitation, health and medical purposes and other
essential uses shall. not be restricted.
2. Fire hydrant flushing shall be undertaken only on an emergency basis.
3. Sanitary sewer line flushing and testing shall not be restricted except on a voluntary basis.
(b) Domestic Type Use.
1. Residential type domestic use shall be voluntarily reduced to 50 gallons per person per day.
2. Domestic type use in industrial and commercial establishments shall be voluntarily reduced.
(c) Water Utility Use.
1. Initial pressure at the point of use (meter) shall be reduced to levels no greater than 45
pounds per square inch. Upon reduction of pressure, the utility shall notify the appropriate fire-
fighting agencies and make arrangements for direct communication when additional pressure is
required.
2. New water line flushing and disinfection shall be restricted to the hours of 7:00 P.M. to 7:00
A.M. seven days per week.
3. As may be appropriate the utility shall institute additional voluntary conservation measures
such as reclaiming of backwash water, improving and accelerating leak detection surveys and repair
programs, installing and calibrating meters, and stabilizing and equalizing system pressures.
(d) Power Production Use. Water used for power production shall be voluntarily reduced.
(e) Commercial and Industrial Process Use.
1. Commercial car washes shall be restricted as follows:
a. For washes servicing passenger vehicles and mobile equipment weighing less than 10,000
pounds,
i. Use in excess of 75 gallons per wash shall be prohibited; and
ii. Use equal to or less than 75 gallons per wash shall be voluntarily reduced;
b. For washes servicing mobile equipment weighing 10,000 pounds or more,
i. Use in excess of 150 gallons per wash shall be prohibited; and
ii. Use equal to or less than 150 gallons per wash shall be voluntarily reduced.
2. Water used for commercial and industrial processes shall be voluntarily reduced.
3. Water use for cleaning,. adjusting and repair of irrigation systems by a licensed person or
entity shall be restricted as follows:
a. Projects one irrigated acre or greater in size shall be limited to one hour per acre per week,
b. Projects less than one irrigated acre in size shall be limited to 10 minutes per zone per week.
4. Water use for pesticide application under the supervision of a licensed pest control operator
shall be voluntarily reduced. Under the provisions of this subparagraph, the applicator must be on
the premises when water is applied outside of the hours allowed for irrigation.
5. Water use; for well development under the supervision of a licensed well contractor shall be
voluntarily reduced.
6. Water use for mobile equipment washing by a licensed person or entity shall be voluntarily
reduced.
(2) Agriculture.
(a) Agricultural Use.
1. Overhead irrigation of agricultural crops is permitted after 4:00 P.M and before 12:00 P.M.,
seven days per week. 2. Low volume irrigation hours shall not be restricted.
3. All irrigation systems shall be operated in a manner that will maximize the percentage of water
withdrawn and held which is placed in the root zone of the crop and will minimize the amount of
water which is withdrawn and released or lost to the user but is not immediately available for other
users.
4. Users having access to more than one source class shall maximize the use of the lesser or
least restricted source class.
5. Overhead irrigation stress reduction shall be allowed daily for 10 minutes per irrigation from
11:30 A.M. to 12:00 P.M. and 1:30 P.M. to 2:00 P.M, seven days per week.
6. (a) Livestock Use. Livestock water use shall be voluntarily reduced.
(b) Aquacultural Use. Aquacultural water use shall be voluntarily reduced.
(c) Soil Flooding.
7, Soil flooding for vegetable seed planting, rice planting, burning of sugarcane prior to harvest
and to permit harvesting of sod shall be voluntarily reduced.
8. Soil flooding for all other purposes shall be prohibited.
(e) Freeze Protection. Water use for freeze protection shall be restricted to situations in which
official weather forecasting services predict temperatures likely to cause permanent damage to
crops.
(3) Nursery /Urban IrrigationlRecreation.
(a) Nursery Use.
1. Low volume irrigation uses and low volume hand watering shall be voluntarily reduced.
2. Overhead irrigation uses shall be restricted as follows:
a. Inside — 8:00 A.M. to 8:00 P.M., seven days per week.
b. Outside — 2:00 A.M. to 8 :00 A.M., seven days per week.
c. Outside overhead irrigation for containerized nursery stock moisture stress reduction on stock
grown in containers shall be allowed daily for 10 minutes per irrigation zone during daylight hours
seven days per week.
3. Flood irrigation systems shall be restricted to 6 days per month.
(b) Landscape Irrigation — New Installation.
1. For installations which have been in place for less than 30 days, and
a. less than 5 irrigated acres in size, water use for irrigation shall be restricted to the hours of
4:00 A.M. to 8:00 A.M., Monday, Tuesday, Wednesday, Thursday, Saturday and Sunday.
b. 5 irrigated acres or greater in size, water use for irrigation shall be restricted to the hours of
2:00 A.M. to 8:00 A.M. Monday, Tuesday, Wednesday, Thursday, Saturday, and Sunday.
2. Low volume irrigation and low volume hand watering of new landscaping shall be voluntarily
reduced.
3. Cleaning and adjusting of new irrigation systems shall be restricted to 10 minutes per zone on
a one time basis.
(c) Landscape Irrigation — Existing Installation.
1. For existing installations less than 5 irrigated acres in size, water use for irrigation shall be
restricted to the hours from 4:00 A.M. to 8:00 A.M. for all types of irrigation, except low volume
'j
irrigation or otherwise provided in subsection c., and 5:00 P.M. to 7:00 P.M. for low volume hand
watering, for two days per week.
a. Installations with odd addresses shall be permitted to irrigate on Wednesday and Saturday.
b. Installations with even addresses or no address shall be permitted to irrigate on Thursday and
Sunday.
c. Installations which irrigate both even and odd addresses, including multi - family units, with
existing landscapes less than five irrigated acres in size shall be permitted on Thursday and Sunday
and shall be restricted to the hours from 4:00 A.M. to 8:00 A.M., and 5:00 P.M. to 7:00 P.M. for low
volume hand watering. No area may be irrigated more than 2 days per week.
2. For existing installations 5 irrigated acres or greater in size, water use for irrigation shall be
restricted to the hours from 12:01 A.M. to 8:00 A.M. for all types of irrigation, except low volume
irrigation or otherwise provided in subsection c., and 5:00 P.M. to 7:00 P.M. for low volume hand
watering, for two days per week.
a. Installations with odd addresses shall be permitted to irrigate on Wednesday and Saturday.
b. Installations with even addresses or no address shall be permitted to irrigate on Thursday and
Sunday.
c. Installations which irrigate both even and odd addresses, including multi - family units, with
existing landscapes 5 irrigated acres and greater in size, shall be permitted on Thursday, and
Sunday and shall be restricted to the hours from 12:01 A.M. to 8:00 A.M. and 5:00 P.M. to 7:00 P.M.
for low volume hand watering. No area may be irrigated more than 2 days per week
3. Water use for cleaning, adjusting and repair of existing irrigation systems shall be limited to
ten minutes per zone per week.
4. Low volume irrigation shall be voluntarily reduced. Low volume hand watering of existing
landscaping as minimally necessary to prevent plant die off is allowed.
5. Irrigation of Bermuda turfgrass sports fields shall be restricted to the hours of 12:01 A.M. to
8:00 A.M. on Thursdays and Sundays. Irrigation of surrounding facilities not planted in Bermuda
turfgrass shall be irrigated as per the restrictions for the irrigation of existing landscape as stated in
Subsection (d), as applicable.
(d) Recreation Area Use.
1. Landscape irrigation for new and existing recreation areas shall be restricted to the hours
prescribed for new and existing landscape irrigation in paragraphs (b) and (c) respectively.
2. Irrigation of seeded and /or sprigged recreation areas that have been in place for less than
,thirty days shall be allowed daily for 5 minutes per irrigation zone from 11:30 A.M. to 12:00 P.M.,
1:30 P.M. to 2:00 P.M. and 3:30 P.M. to 4:00 P.M.
3. Watering of pervious non - vegetated recreational /sporting surfaces shall be restricted to ten
minutes of application prior to each recreational /sporting event. Low volume watering shall be used.
(e) Golf Course Use. Golf courses shall reduce their 1 in 10 monthly demands as calculated
using the District's Basis of Review for Water Use Applications by 30 %. The 30% cutback shall be
calculated and applied on a weekly basis and the irrigation volumes applied shall be reported to the
District via fax (561 682 -2633) or phone (561 682 -2190) by noon every Friday. For those golf
course that use water from multiple sources, such as surface water and reclaimed water, the weekly
pumpage reports shall specify the volumes pumped from each source.
(f) Water Based Recreation Use.
1. Water based recreation water use shall be voluntarily reduced.
2. Draining of facilities into sewers or onto impervious surfaces shall be prohibited.
3. Existing facilities shall not be refilled except for makeup water, unless the facility is leaking
3
more than one inch of water a day. If a facility is leaking more than one inch of water a day and is in
need of repair, it may be drained onto a pervious surface for repairs and subsequently refilled.
(4) Miscellaneous.
(a) Cooling and Air Conditioning Use. The use of water for cooling and air conditioning shall be
restricted to that amount of water necessary to maintain a minimum temperature of 78 degrees
Fahrenheit.
(b) Dewatering Use. Discharge of fresh water to tide from dewatering shall be prohibited.
(c) The watering in of individual cemetery grave sites to complete burial services shall be
conducted via low volume hand watering only.
(d) Filling of existing water based recreational facilities is allowed after repair or resurfacing.
(e) Water served in restaurants shall only be provided upon request.
(f) Other Outside Uses.
1. Washing or cleaning streets, driveways, sidewalks, or other impervious areas with water shall
be prohibited.
2. Outside pressure cleaning shall be restricted to only low volume pressure cleaning. Non-
commercial low volume pressure cleaning shall be permitted on Wednesday and Saturday for
odd addresses or Thursday and Sunday for even addresses. Commercial low volume pressure
cleaning may occur seven days a week..
3. Mobile equipment washing with water shall be restricted to the hours and days prescribed for
existing landscape irrigation in paragraph (3)(c)1., using only low volume mobile equipment washing
methods and shall be conducted over a pervious surface or in an area that immediately drains to a
pervious surface. Rinsing and flushing of boats after saltwater use shall be limited to 15 minutes
once a day for each boat.
4. Washing boats that serve as a primary residence shall be restricted to the hours and days
prescribed for existing landscape irrigation in paragraph (3)(c)1. Boats with an odd slip number shall
be permitted to be washed on Wednesday and Saturday. Boats with an even slip number or no slip
number shall be permitted to be washed on Thursday and Sunday.
5. Rinsing of salt spray from vehicles in coastal areas shall be limited to 2 minutes per vehicle,
one time per day. Low volume methods shall be used.
6. Watering of fertilizer or pest control products as required by the product label is permitted for
a maximum of 10 minutes per zone immediately following appication. The applicator must be on the
premisses when water is applied outside of the hours otherwise applicable irrigation restrictions
provided herein.
(g) Aesthetic Use.
1. Non - recirculating outside aesthetic uses of water shall be prohibited.
2. Water use for outside aesthetic purposes by facilities that recirculate water shall be voluntarily
reduced and must meet the following criteria:
a. Draining of water from outside aesthetic facilities into sewers or onto impervious surfaces is
prohibited.
b. Outside aesthetic facilities shall not be operated when wind conditions cause water to be lost
from the recirculating capacity of the facility.
c. Outside aesthetic facilities that leak water shall not be operated.
d. Outside aesthetic facilities that lose water due to an overflow shall not be operated.
3. Inside aesthetic uses of water shall be voluntarily reduced.
4
NOTICE OF RIGHTS
As required by Sections 120.569(1), and 120.60(3), Fla. Stat., following is notice of the
opportunities which may be available for administrative hearing and /or judicial review when the
substantial interests of a party are determined by an agency. Please note that this Notice of
Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may
be an applicable or appropriate remedy. You may wish to consult an attorney regarding your
legal rights.
Right to Request Administrative Hearing
A person whose substantial interests are or may be affected by the South Florida Water
Management District's (SFWMD or District) action has the right to request an administrative
hearing on that action pursuant to Sections 120.569, 120.57, and 120.60(3), Fla. Stat. Persons
seeking a hearing on a District decision which does or may determine their substantial interests
shall file a petition for hearing with the District Clerk within 21 days of receipt of written notice of
the decision in accordance with Rule 28- 106.111, Fla. Admin. Code. Any person who receives
written notice of a District decision and fails to file a written request for hearing within 21 days
waives the right to request a hearing on that decision as provided by Subsection 28- 106.111(4),
Fla. Admin. Code. '
The Petition must be filed at the Office of the District Clerk of the SFWMD, 3301 Gun Club
Road, P.O. Box 24680, West Palm Beach, Florida, 33416, and must comply with the
requirements of Rule 28- 106.104, Fla. Admin. Code. Filings with the District Clerk may be
made by mail, hand - delivery or facsimile. Filings by e-mail will not be accepted. A petition
for administrative hearing is deemed filed upon receipt during normal business hours by the
District Clerk at SFWMD headquarters in West Palm Beach, Florida. Pursuant to Rule 28-
106.104, Fla. Admin. Code, any document received by the office of the District Clerk after 5:00
p.m. shall be filed as of 8:00 a.m. on the next regular business day.
• Filings made by mail must include the original and one copy and must be addressed to
the Office of the District Clerk, P.O. Box 24680, West Palm Beach, Florida 33416.
• Filings by hand - delivery must also include the original and one copy of the petition.
Delivery of a petition to the District's security desk does not constitute filing. To
ensure proper filing, it will be necessary to request the District's security officer to
contact the Clerk's office. An employee of the District's Clerk's office will file the
petition and return the extra copy reflecting the date and time of filing.
Filings by facsimile must be transmitted to the District Clerk's Office at (561) 682 -6010.
Pursuant to Subsections 28- 106.104(7), (8) and (9), Fla. Admin. Code, a party who files
a document by facsimile represents that the original physically signed document will be
retained by that party for the duration of that proceeding and of any subsequent appeal
or subsequent proceeding in that cause.. Any party who elects to file any document by
facsimile shalt be responsible for any delay, disruption, or interruption of the electronic
signals and accepts the full risk that the document may not be properly filed with the
clerk as a result. The filing date for a document filed by facsimile shall be the date the
District Clerk receives the complete document.
Rev. 9112/06 1 EXHIBIT C
The following provisions may be applicable to SFWIVID actions in combination with the
applicable Uniform Rules of Procedure (Subsections 40E- 0.109(1)(a) and 40E- 1.511(1)(a), Fla.
Admin. Code):
(1)(a) "Receipt of written notice of agency decision" as set forth in Rule 28- 106.111,
Fla. Admin. Code, means receipt of either written notice through mail or posting
that the District has or intends to take final agency action, or publication of notice
that the District has or intends to take final agency action.
(b) If notice is published pursuant to Chapter 40E -1, F.A.C.,
publication shall constitute constructive notice to all persons. Until notice is
published, the point of entry to request a formal or informal administrative
proceeding shall remain open unless actual notice is received.
(2) If the District's Governing Board takes action which substantially differs from the
notice of intended agency decision, the persons who may be substantially
affected shall have an additional point of entry pursuant to Rule 28- 106.111, Fla.
Admin. Code, unless otherwise provided by law. The District Governing Board's
action is considered to substantially differ from the notice of intended agency
decision when the potential impact on water resources has changed.
(3) Notwithstanding the timeline in Rule 28- 106.111, Fla. Admin. Code, intended
agency decisions or agency decisions regarding consolidated applications for
Environmental Resource Permits and Use of Sovereign Submerged Lands
pursuant to Section 373.427, Fla. Stat., shall provide a 14 day point of entry to
file petitions for administrative hearing.
Hearings Involving Disputed Issues of Material Fact
The procedure for hearings involving disputed issues of material fact is set forth in Subsection
120.57(1), Fla. Stat., and Rules 28- 106.201 -.217, Fla. Admin. Code. Petitions involving disputed
issues of material fact shall be filed in accordance with Rule 28- 106.104, Fla. Admin. Code, and
must comply with the requirements set forth in Rule 28- 106.201, Fla. Admin. Code.
Hearings Not Involving Disputed} Issues of Material Fact
The procedure for hearings not involving disputed issues of material fact is set forth in
Subsection 120.57(2), Fla. Stat, and Rules 28- 106.301 -.307, Fla. Admin. Code. Petitions not
involving disputed issues of material fact shall be filed in accordance with Rule 28- 106.104, Fla.
Admin. Code, and must comply with the requirements set forth in Rule 28- 106.301, Fla. Admin.
Code.
Mediation
As an alternative remedy under Sections 120.569 and 120.57, Fla. Stat., any person whose
substantial interests are or may be affected by the SFWMD's action may choose to pursue
mediation. The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat.,
and Rules 28- 106.111 and 28- 106.401 -.405. Fla. Admin. Code. Choosing mediation will not
adversely affect the rights to a hearing if mediation does not result in a settlement.
DISTRICT COURT OF APPEAL
Pursuant to Sections 120.60(3) and 120.68, Fla. Stat., a party who is adversely affected by final
SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal
pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in
the appellate district where a party resides and filing a second copy of the notice with the SFWMD
Clerk within 30 days of rendering of the final SFWMD action.
Rev. 9/12/06 2 EXHIBIT C
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miemi, Miami-Dade County, Florida
'ATE OF FLORIDA
)LINTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
D.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
aeview f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
county, Florida; that the attached copy of advertisement,
oeing a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING 5/15/07 - ORD. AMENDING SEC 8A ETC.
in the XXXX Court,
was published in said newspaper in the issues of
05/04/2007
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertis t for publication in the said
newspaper ,�
Sworn to and subscribed before me this
04 day of MAY , A.D. 2007
wl�.a+--
(SEAL)
O.V. FERBEYRE personally known to me
Cheryl H Mariner
My Commission D0338559
nor n Expires July 18, 2008
s
CITY OF SOUTH MIAMI
NOTICE OF-PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of
South Miami, Florida will conduct Public Hearings at its regular City
Commission meeting scheduled for Tuesday. May 15, 2007 beginning at
7:30 p.m. in the City Commission Chambers, 6130 Sunset Drive, to
consider the following items:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
AMENDING SECTION. 8A OF THE CITY'S CODE OF
ORDINANCES ENTITLED'CODE OF ETHICS* TO INCLUDE A
NEW SECTION 8A -2, WHICH SECTION SHALL BE ENTITLED:
'CODE OF CONDUCT FOR ALL PUBLIC OFFICIALS ";
PROVIDING FOR SEVERABILTTY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING
SECTION 20- 4.41 ENTITLED 'OFF-STREET PARKING
REQUIREMENTS' OF ' -.THE SOUTH MIAMI LAND -
DEVELOPMENT CODE IN ORDER TO ELIMINATE THE PRO-
VISIONS ALLOWING FOR THE ADMINISTRATIVE CREDIT-
ING OF ON- STREET PARKING SPACES AS REQUIRED
PARKING SPACES FOR PRIVATE DEVELOPMENT; PROVID-
ING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE. - -
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SEC-
TION 20- 8.8(D) ENTITLED - GARAGES IN MU- 5.',OF-THE
SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO
CLARIFY PROVISIONS RELATED TO THE LOCATION OF
PARKING GARAGES IN DEVELOPMENT PROJECTS; PRO-
VIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
AND PROVIDING AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION'
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE LAND DEVELOPMENT CODE; AMENDING REGULA-
TIONS PERTAINING TO BONUSES AND PARKING REDUC-
TIONS IN THE TRANSIT ORIENTED DEVELOPMENT DIS-
TRICT AND IN THE HOMETOWN OVERLAY ZONE IN ORDER
TO REQUIRE APPROVAL BY A FOUR/FIFTHS VOTE OF THE
CITY COMMISSION AND SUSPENDING CERTAIN PROVI-
SIGNS THAT ALLOW FOR THE REDUCTION OF REQUIRED
PARKING SPACES, FOR A PERIOD OF NINE MONTHS,
THEREBY. ENABLING THE CITY TO EVALUATE RECOM-
MENDATIONS OF THE ZONING TASK FORCE, PARKING
BOARD, AND THE PLANNING BOARD PERTAINING TO THE
REDUCTION OF REQUIRED. PARKING SPACES AND TO
PREPARE NECESSARY AMENDMENTS; PROVIDING THAT
ORDINANCES OR SECTIONS THEREOF IN CONFLICT
SHALL NOT BE IN FORCE AND EFFECT DURING THIS TIME
PERIOD; PROVIDING FOR SEVERABILTTy, ORDINANCES IN.
CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
AMENDING CHAPTER 14 ENTITLED - EMERGENCY MAN-
AGEMENT;' CREATING SECTION 145.1 ENTITLED WATER
CONSERVATION AND EMERGENCY WATER RESTRICTION
ENFORCEMENT; PROVIDING FOR CODE ENFORCEMENT
AND POLICE ENFORCEMENT OF EMERGENCY WATER RE- '
STRICTION DECLARATIONS ISSUED BY THE SOUTH FLOR-
IDA WATER MANAGEMENT DISTRICT; PROVIDING FOR PO-
LICE ENFORCEMENT VIA CRIMINAL PROCESS OF STATE
LAW; AND DIVISION OF CODE COMPLIANCE ENFORCE-
MENT THROUGH THE CITY'S CIVIL CITATION SYSTEM UN-
DER SECTION 2 -21, OF THE CITY'S CODE OF ORDINANC-
ES; PROVIDING FOR FINES AND APPEAL PROCESS; PRO-
VIDING FOR ORDINANCES IN CONFLICT, CODIFICATION,
SEVERABILITY AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
BOARDS AND COMMITTEES; AMENDING SEC.2 -26.8 OF
THE CODE OF ORDINANCES, ENTITILED "BUDGET AND FI-
NANCE COMMITTEE; AMENDING MEMBERSHIP TERM;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDI-
NANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE AD VALOREM TAXATION; AMENDING CHAPTER 18 RE-
LATING TO TAXATION TO AMEND THE SENIOR CITIZEN EX-
EMPTION, AD VALOREM TAX BREAK TO PROVIDE QUALI-
FIED INDIVIDUALS OVER THE AGE OF 65, WITH AN ANNUAL
INCOME UNDER $20,000 AND HOMESTEAD RESIDENCE
WITHIN THE CITY LIMITS WITH A $50,000. AD VALOREM
TAX BREAK (PRIOR EXEMPTION WAS FOR $25,000); PRO-
VIDING FOR SEVERALBILITY, ORDINANCES IN CONFLICT,
AND AN EFFECTIVE DATE. '
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A
REQUEST PURSUANT TO SECTION 20 -7.51 OF THE LAND
DEVELOPMENT CODE FOR SPECIAL EXCEPTIONS FOR A
MIXED USE DEVELOPMENT PROJECT IN THE "SR(HD -O\T
SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY
ZONING DISTRICT TO PERMIT SPECIAL EXCEPTIONS TC
SECTIONS 20 -7.8B, 20-7.108, 20 -7.11 IN ORDER TO: (1) AL
LOW A TOTAL LOT COVERAGE OF 85% OR 26,833 SQUARE
FEET WHICH EXCEEDS THE MAXIMUM 60% LOT COVER
AGE ON SOUTH DIXIE HIGHWAY AND THE MAXIMUM 50
LOT COVERAGE ON SW 74th STREET; (2) ALLOW A BUILD
ING TO EXCEED THE MAXIMUM PERMITTED BUILDING
SQUARE FOOTAGE OF 20,000 SQUARE FEET; (3) ALLOW /
CURB CUT TO BE LOCATED ON SW 59th COURT WHICH LO
CATION IS NOT SHOWN ON THE HOMETOWN.DISTRICI
REGULATING PLAN; ALL FOR PROPERTY GENERALLY LO
CATED AT 5966 -70 SOUTH DIXIE HIGHWAY PROVIDING
FOR SEVERABILITY; PROVIDING FOR ORDINANCES It
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
A RESOLUTION OF THE MAYOR AND CITY COMMISSIOP
OF THE CITY OF SOUTH MIAMI, FLORIDA PURSUANT T(
LAND DEVELOPMENT CODE SECTION 20.5.19(E)(3) RE
QUESTING THE ISSUANCE OF A CERTIFICATE,OF APPRO
PRIATENESS FOR A SINGLE FAMILY RESIDENCE LOCAT
ED AT 6202 MILLER ROAD WITHIN AN RS- 3(HP -0V), REST
DENTIAL SINGLE FAMILY (HISTORIC PRESERVATIOP
OVERLAY) ZONING DISTRICT (CAMBRIDGE LAWNS HIS
TORIC DISTRICT) IN ORDER TO PERMIT EXTERIOR RENO
VATION AND EXPANSION OF SECOND FLOOR; AND PUR
SUANT TO SECTION 20- 4.11(D) IN CONJUNCTION WITI
THE CERTIFICATE OF APPROPRIATENESS A REQUES'
TO: (1) GRANT A VARIANCE FROM SECTION 20- 3.5(E) T(
ALLOW FOR LOT COVERAGE TO BE 38% WHERE A MAXI
MUM 30% IS PERMITTED; (2) GRANT A VARIANCE FROK
SECTION 20- 3.5(E) TO ALLOW A SIDE STREET SETBACK 01
7 FOR THE FIRST FLOOR AND 12 FEET FOR THE SECONL
FLOOR WHERE 15 FEET IS REQUIRED FOR BOTH FIRS'
AND SECOND FLOORS; PROVIDING AN EFFECTIVE DATE.
If you have any Inquiries on the above Items please contact the
Clerk's office all: 305 - 663.6340
ALL interested parties are invited to attend and will be heard.
Maria M. Menendez, CIVIC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the
Ile that if a person decides to appeal any decis on made by this B
Agency or Commission with respect to any matter considered at its i
Ing or hearing, he or she will need a record of the proceedings, and it
such purpose, affected person may need to ensure that a verbatim n
of the proceedings is made which record includes the testimony an
dente upon which the appeal is to be based.
5/4 07 -3- 64/828