Agenda

Registration:                        8:00 – 8:30 am

Morning Session:                8:30 am – 11:55 am

Lunch (On your own):         11:55 am – 12:55 pm

Afternoon Session:             12:55 – 4:40 pm

Overview of Florida Water Quantity 
J. Varn

    What is water law?
   The science associated with water law
      • The hydrologic cycle, potentiometric surface, hydrology, ground and 
        surface water divides, aquifer characteristics, water management districts
   Common Law – US Law
   Water law in Florida – Ch 373
      • Historical overview and evolution of Chapter 373
      • The administrative structure, planning, consumptive use of water, 
        significant cases and issues

Water Quality in Florida 
R. Smart

   Who is responsible for regulating water quality?
   TMDL process (assessment)
      • Current information on statewide impaired waters
      • Explain TMDL concentration using springs as example
   Basin management action plans
       • Development, sources of pollution, implementation
       • OFS Basin Management Action Plans (BMAPs) vs other waters
   Best management practices
      • What are they? Do they work?
      • Examine statute and agency interpretation
   Water quality funding
      • Sources, needs, and comparing regions
   What we learned from the BMAP administrative hearing in 2019

2020 Legislative Session Update – Water Quality/Quantity 
L. Donaldson

   Discuss recent decisions/changes that occurred during the 
   March 2020 Florida legislative session

The Emerging Issue of PFAS and Overview of Supply Quality/Testing 
A. Morrison

   Overview of how groundwater and drinking water quality are currently regulated
   The emerging issue of PFAS and impacts on groundwater/drinking water quality
      • Overview of PFAS
      • Federal health advisory levels and regulatory efforts
   Florida’s regulatory efforts 
   Testing methods and detection levels
   Remediation of contaminated soil and water
      • Methods available 
      • Implications for contaminated municipal water supplies
      • Implications for sites currently undergoing remediation
      • Potential to reopen previously closed sites

Water Utility Regulation 
J. Wharton

   Types of water utilities 
   Providing reclaimed water
   Establishment and regulation of water utilities
   Application and the certification process
   Utility construction design standards and approvals
   Current trends and issues in utility regulation and operation in Florida

State and Regional Water Management and Planning 
F. Aschauer

   Surface water resources 
   Groundwater resources
   Regional water planning 
   Florida v. Georgia, and other regional concerns
   Recent developments 
   Future projections and challenges

Credits

Florida Attorneys
     8.0 CLER Credits
     8.0 Certification Credits:
           -City, County
             and Local Gov’t Law
           -State and Federal Gov’t
             and Administration Practice
     6.7 Alabama CLE Hours

Professional Engineers
     6.5 Florida Area Practice Hours

Floodplain Managers
     6.5 ASFPM CECs

Continuing Education Credit Information

This seminar is open to the public. It has been approved by The Florida Bar for 8.0 C.L.E.R. credits, and 8.0 Certification credits in State and Federal Government and Administrative Practice and in City, County and Local Government Law. The course approval extends to Florida registered paralegals.

The Alabama State Bar MCLE Commission has approved this course for 6.7 CLE hours, including no ethics hours.

HalfMoon Education is an approved continuing education provider for Florida professional engineers (Provider License No. 362). This seminar offers 6.5 PDHs to Florida professional engineers to whom the subject matter is professionally relevant.

The Association of State Floodplain Managers has approved this activity for 6.5 CECs for certified floodplain managers.

Attendance will be monitored, and attendance certificates will be available after the seminar for most individuals who complete the entire event. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.

Speakers

Frederick L. Aschauer Jr.

Lewis, Longman & Walker, P.A.

Mr. Aschauer represents clients on matters related to litigation, environmental regulation, and agency enforcement of permit and regulatory criteria. His practice involves federal matters governed by the Clean Water Act (CWA) and state matters involving environmental resource permits, coastal construction, coastal grant programs and water and wastewater. Mr. Aschauer serves as chair of LLW’s Transportation and Infrastructure Industry Group and vice chair of the firm’s Business Development Committee.

Laura Donaldson

Manson Bolves Donaldson Varn

Attorney and Partner with Manson Bolves Donaldson Varn
Ms. Donaldson has represented clients before legislative and executive branches of government, agencies, cabinet and gubernatorial commissions on growth management, environmental and local government issues. She has provided advice on water and environmental permitting issues. Ms. Donaldson was the youngest and first female general counsel for the Southwest Florida Water Management District, where she served for three years. In her role as general counsel, she provided advice/counsel to the district’s governing board, the executive director and staff regarding the interpretation and applicability of laws, regulations and judicial decisions or rulings.

Angela Morrison

Earth & Water Law PLLC

Attorney and Partner with Earth & Water Law PLLC
Ms. Morrison has been practicing environmental law for 30 years on behalf of utility and industry clients, assisting with legislative, regulatory, permitting, and compliance matters. She has significant experience with the Clean Air Act, wetlands, solid and hazardous waste, industrial wastewater, water quality, consumptive use, endangered species, and land use issues. As result of her rich experience in the complex field of environmental and land use law, Ms. Morrison has authored a number of articles for legal and technical publications. Ms. Morrison received a B.A. degree from Northeastern State University and her J.D. degree from Oklahoma City University School of Law. She currently serves on the Executive Council for the Environmental and Land Use Law Section.

Ryan Smart

Florida Springs Council

Executive Director of the Florida Springs Council
Mr. Smart is the executive director of the Florida Springs Council and a leading advocate for protecting Florida’s springs, rivers, and natural lands. During his tenure, the council has ushered in a new era of environmental activism in central and north Florida, challenging water quality and quantity regulations that would harm Florida’s springs, lobbying in the state legislature, and helping to elevate central and north Florida water issues to a statewide and national audience. In 2017, Mr. Smart was named the Bob Graham Center’s Young Floridian of the Year for his track record of coalition building and grassroots organizing, bringing much-needed attention to Florida’s critical environmental issues. He continues to serve as a Steering Committee Member of the Florida Conservation Coalition alongside his mentors Senator Bob Graham and long-time environmental advisor Estus Whitfield.

Jake Varn

Manson Bolves Donaldson Varn

Attorney with Manson Bolves Donaldson Varn
Mr. Varn started working in the environmental area for the Southwest Florida Water Management District (SWFWMD) in 1962. In 1969, he returned to law school at the University of Florida and assisted Dean Frank Maloney, the leading expert on Eastern Water Law, in drafting the Model Water Code. The code was used in 1972 as the foundation for the Florida Water Resources Act of 1972, which became Chapter 373, Florida Statutes. During his tenure as the Secretary of the Florida Department of Environmental Regulation (DER), he was responsible for preparing the first water policy for the state, which is now found in Chapter 62-40, Florida Administrative Code. After returning to private practice in 1981, Mr. Varn has participated in every substantial amendment to Chapter 373, Florida Statutes, and is considered Florida’s foremost expert on Chapter 373.

John Wharton

Dean Mead

Attorney and Partner with Dean Mead
Mr. Wharton represents both public and private clients in cases from application creation to administrative litigation before state and federal agencies. He has over 35 years of experience in Tallahassee practicing before and often litigating against numerous state agencies in the areas of water resource planning, permitting and regulation, mitigation banking, bid protests and bid disputes, health care, utility law and utility regulation, professional regulation and environmental law. Mr. Wharton has represented clients before the Florida Public Service Commission, the Department of Environmental Protection, the St. John’s River Water Management District, the South Florida Water Management District, various boards within the Department of Professional Regulation, the Department of Health, and the Governor and Cabinet sitting as the Board of Trustees of the Internal Improvement Trust Fund, among others.

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