The purpose of this rule amendment is to establish procedures for Lobbyist to register with the Northwest Florida Water Management District, adopt forms for use in registration, renewal of registration and change of information, and to correct ...

 

WATER MANAGEMENT DISTICTS

Northwest Florida Water Management District

RULE NOS.:RULE TITLES:

40A-1.203Permit Application Procedure

40A-1.600Lobbyist Registration Procedures

PURPOSE AND EFFECT: The purpose of this rule amendment is to establish procedures for Lobbyist to register with the Northwest Florida Water Management District, adopt forms for use in registration, renewal of registration and change of information, and to correct references within the rule.

SUMMARY: This rule development will establish lobbyist registration procedures and correct references within the rule.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Northwest Florida Water Management District has determined that this rule will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the District.

The District has determined that the proposed rule is not expected to require legislative ratification based on the state of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described here:

Upon review of the proposed changes to the rule, the District has determined that the amendments will not exceed any one of the economic analysis criteria in a SERC as set forth in Section 120.541(2)(a), F.S.

Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 112.3261(8), 120.54(5), 373.044, 373.085(1), 373.113, 373.171, 373.246, 373.308, 373.309 FS.

LAW IMPLEMENTED: 112.3261, 120.54(5), 120.569, 120.60, 373.084, 373.085, 373.116, 373.119, 373.175, 373.216, 373.219, 373.246, 373.308, 373.309, 373.313, 373.316, 373.323, 373.326, 373.342, 373.406(6), 373.413, 373.416, 373.418, 373.426, 373.427, 373.439 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kevin R. Hayes, Bureau Chief, Northwest Florida Water Management District, Bureau of Groundwater Regulation, 152 Water Management Drive, Havana, Florida 32333, [phone], [e-mail] or Terri Peterson, Regulatory Support Specialist, Northwest Florida Water Management District, Bureau of Groundwater Regulation, 152 Water Management Drive, Havana, Florida 32333, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40A-1.203 Permit Application Procedure.

(1) through (2) No change.

(3) Publication of the notice of application pursuant to subsection (2) (3) shall constitute constructive notice of the permit application to all substantially affected persons. Persons who wish to receive a Notice of Proposed Agency Action and the staff report regarding a permit application must file a request with the District by the date specified in the notice. Notices of Proposed Agency Action will be mailed only to persons who have filed such requests. Failure to timely request an administrative hearing pursuant to the directions contained in the Notice of Proposed Agency Action constitutes a waiver of the right to an administrative hearing on the application.

(4) No change.

(5) If additional information submitted to the District incorporates or results in material changes in the proposed activity for which the applicant seeks a permit, the application will be considered to have been amended and the proposal contained in the original application will be deemed withdrawn. The District shall have 60 days from the date of receipt of the additional information in which to approve or deny the amended application and such application shall be subject to review for completeness under subsection (4) (5) above.

(6) The District shall notify the applicant of the date on which the application is declared complete. Within a reasonable time thereafter, the District shall prepare a staff report, which shall contain its recommendations regarding the subject application. A Notice of Proposed Agency Action and the staff report shall be furnished to the applicant and to those persons who have filed written requests pursuant to subsection (2) (4). The Notice shall state the District’s intention to recommend that the Board or its designee approve, approve with conditions, or deny the permit application and shall specify a date for filing a petition for administrative hearing which shall be not less than 21 days after the date of mailing of the Notice of Proposed Agency Action. Substantially affected persons shall have the right to request an administrative hearing under Section 120.569, F.S., and these rules by filing a petition for administrative hearing with the Agency Clerk by the date specified in the Notice of Proposed Agency Action.

(7) through (10) No change.

(11) Applicants and other interested parties not objecting to the Notice of Proposed Agency Action should nevertheless be prepared to defend their positions regarding the permit application when it is considered by the Board for final agency action. In the event the Board takes final agency action which differs materially from the proposed agency action, the District shall mail a Notice of Final Agency Action to all persons who received a Notice of Proposed Agency Action. Substantially affected persons who did not request an administrative hearing based upon the Notice of Proposed Agency Action shall have the right to request such a hearing on the final agency action under Section 120.57, F.S., and these rules in accordance with subsection (7) (8).

(12) No change.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.60 FS. History–New 10-1-84, Amended 1-5-86, 7-1-98, 3-2-00, 8-6-13, 4-15-14, __________.

 

40A-1.600 Lobbyist Registration Procedures.

(1) A person who is a “lobbyist” as defined in Section 112.3215(1)(h), F.S., may not lobby the Northwest Florida Water Management District (the “District”) until he or she has registered as a lobbyist with the District. Registration shall be made by completing the “Lobbyist Registration Form,” which is incorporated by reference in subsection (7) below, and submitting that form to the District Clerk at the mail or email address shown in the form.

(2) A separate completed Lobbyist Registration Form must be submitted for each principal.

(3) For identifying and designating a principal’s main business on the Authorization to Represent the Principal part of the Lobbyist Registration Form, the District adopts and incorporates by reference the 6-digit NAICS code published in the North American Industry Classification System – United States, 2012, which is available at: {insert URL}. Classification system information can be obtained by contacting the NAICS Association, 129 Lakeshore Drive, Rockaway, NJ 07866, or by visiting its website: www.naics.com.

(4) Changes to the information provided on a Lobbyist Registration Form must be reported to the District using a completed Lobbyist Registration Form checking the box indicating the submitted form is for the purpose of changing previously filed information.

(5) A lobbyist may renew his or her registration to lobby by filing a completed Lobbyist Registration Form with the District and checking the box indicating the submitted form is for renewal purposes. Renewals must be filed before January 1 of each year.

(6) The principal of a lobbyist may cancel the lobbyist´s registration by completing and submitting a “Lobbyist Registration Cancellation Form,” which is incorporated by reference in subsection (7) below, informing the District that a particular lobbyist is no longer authorized to represent that principal. A lobbyist must cancel his or her registration on a principal’s behalf upon termination of his or her contract or other such employment relationship with the principal by promptly submitting a completed Lobbyist Registration Cancellation Form.

(7) The Lobbyist Registration Form, form number 183, effective date ________________, available at http://nwfwater.com/contact-us/open-government/lobbyist-registration/ and the Lobbyist Registration Cancellation Form, form number 184, effective date __________________, available at http://nwfwater.com/contact-us/open-government/lobbyist-registration/ are hereby incorporated by reference and may be obtained without cost from the District Clerk either at Northwest Florida Water Management District, 81 Water Management Drive, Havana, FL 32333, or by submitting a request to [e-mail]. These forms may also be downloaded from the District’s website at: http://www.nwfwater.com/contact-us/open-government/.

Rulemaking Authority 112.3261(8) FS. Law Implemented 112.3261 FS. History–New __________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Kevin R. Hayes, Bureau Chief, Bureau of Groundwater Regulation

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governing Board, Northwest Florida Water Management District

DATES PROPOSED RULE APPROVED BY AGENCY HEAD: July 10, 2014, and September 11, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 28, 2014