The purpose of this rulemaking is to amend Rule 40D-1.608, F.A.C., to clarify requirements for entities requesting a permit fee reduction pursuant to Section 218.075, F.S. The effect will be to simplify the rule and facilitate fee reductions when ...

 

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO.:RULE TITLE:
40D-1.608Permit Fee Reduction for Certain Counties and Municipalities
PURPOSE AND EFFECT: The purpose of this rulemaking is to amend Rule 40D-1.608, F.A.C., to clarify requirements for entities requesting a permit fee reduction pursuant to Section 218.075, F.S. The effect will be to simplify the rule and facilitate fee reductions when requested.
SUMMARY: The proposed amendments delete an outdated list of population requirements for the exemption as well as a list of factors, any one of which a permit applicant may rely upon to demonstrate financial hardship, that duplicates the list found in the statute. Finally, the rule deletes some unnecessary procedural requirements.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this 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 agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: There are no costs to the regulated public as a result of the proposed amendments. Therefore, this rulemaking will not result in any adverse economic impacts or regulatory cost increases that require legislative ratification.
A SERC was not prepared because this rulemaking effort essentially deletes language that is already contained in Section 218.075, F.S., and the rule references Section 218.075, F.S. After repeal, the applicant will be required to submit documentation certifying that the applicant is eligible for a reduced fee pursuant to Section 218.075, F.S. The certification may be in the form of a letter explaining the applicant’s eligibility. Compliance is not expected to increase permittee costs significantly enough to broach the 1-year, $200,000 regulatory cost threshold. None of the affected entities are small businesses.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 373.044, 373.113, 373.149, 373.171 FS.
LAW IMPLEMENTED: 218.075 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: Sonya White, SWFWMD, 7601 Highway 301 North, Tampa, FL 33637-6759, [phone] (4660) (OGC #2012016)

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-1.608 Permit Fee Reduction for Certain Counties, and Municipalities., and Other Authorized Entities.

 

(1) A permit applicant requesting a permit fee reduction pursuant to Section 218.075, F.S., shall submit, at the time of application for a permit, documentation that the population requirements of the statute have been met and: The following entities shall be eligible for permit fee reduction:

(a) Certification, as required by Section 218.075, F.S., that the cost of a permit processing fee constitutes a fiscal hardship; or, Counties within the District with a population of 50,000 or less;

(b) Documentation demonstrating the environmental need for the proposed project or activity. Municipalities within the District with a population of 25,000 or less; and

(c) Any county or municipality not included within a metropolitan statistical area.

(2)  Normally applicable permit application fees will apply when the fee is less than $100.00. In order for a county or municipality which is described in one of the above categories to qualify for a permit fee reduction, the governing body of the county or municipality must submit and certify that the fee reduction is necessary due to fiscal hardship.

(3) The submission of a certification pursuant to Section 218.075, F.S., and this section shall be a factor in determining whether the permit applicant can provide reasonable assurance of conditions of issuance for an environmental resource permit with required mitigation. The governing body shall certify to the District, with supporting documentation, that the fiscal hardship is due to at least one of the following factors:

(a) Per capita taxable value is less than the statewide average for the current fiscal year;

(b) Percentage of assessed property value exempt from ad valorem taxation is higher than the statewide average for the current fiscal year;

(c) Any condition specified in Section 218.503, F.S., that determines a state of financial emergency;

(d) Ad valorem operating millage rate for the current fiscal year is greater than 8 mils; or

(e) A financial condition documented in annual financial statements at the end of the current fiscal year which indicates an inability to pay the permit fee during that fiscal year.

(4) Upon receipt of the above certification, with the supporting documentation, the District shall review and determine the fee is reduced to $100.00 for the proposed activity.

(5) The certification shall be submitted at the time of application for a permit pursuant to Chapter 40D-2, 40D-4, 40D-40 or 40D-400, F.A.C.

(6) Unless at the time of submittal of an application either the appropriate fee or a certification pursuant to this section is submitted, the application shall be subject to denial.

(7) The submission of a certification pursuant to this section shall be a factor in determining whether the county or municipality can provide reasonable assurance of conditions of issuance for an environmental resource permit with required mitigation.

Rulemaking Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 218.075 FS. History–New 12-22-94, Amended 10-19-95, 3-31-96, 6-5-05,_________ .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Laura J. Donaldson
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 30, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 27, 2012