The District proposes to define the term "posting", and to electronically post "notice of receipt of permit applications" for certain types of permit applications on the home page of the District's website as an alternative to publishing in the ...

 

WATER MANAGEMENT DISTRICTS

South Florida Water Management District

RULE NOS.:              RULE TITLES:

40E-1.021              Definitions

40E-1.6058              Publication and Requests for Notification of Permit Applications or Notices of Intent

PURPOSE AND EFFECT: The District proposes to define the term "posting” and to electronically post “notice of receipt of permit application” for certain types of permit applications through a link on the home page of the District’s website as an alternative to publishing in the newspaper.  Permit applications specified in Section 373.116, F.S., will continue to be published in the newspaper, in addition to being posted electronically through a link on the District’s home page.

SUMMARY: The proposed rule will allow the District to electronically post “notice of receipt of permit applications” for certain types of permit applications through a link on the home page of the District’s website as an alternative to publishing in the newspaper.

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 proposed amendments will reduce regulatory burdens by saving the taxpayers the cost of publishing notices of certain types of permit applications in the newspaper.

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: The proposed amendments will not have an adverse impact on small business and will reduce regulatory burdens.

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, 373.116, 373.118, 373.413, 473.414, 668.003, 668.004, 668.50 FS.

LAW IMPLEMENTED: 120.53(1), 120.60(3), 668.003, 668.004, 668.50 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: December 12, 2013, 9:00 a.m.

PLACE: South Florida Water Management District, B-1 Auditorium, 3301 Gun Club Road, West Palm Beach, FL 33406

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: South Florida Water Management District Clerk’s Office at 1(800)432-2045, ext. 2087 or [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Susan Martin, Esq., Senior Specialist Attorney, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 6251 or [phone], email: [e-mail]. For procedural questions, contact Jan Sluth, Sr. Paralegal, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 6251 or [phone], email: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40E-1.021 Definitions.

When used in this Chapter, Chapters 40E-2, 40E-4, 40E-20, 40E-40, 40E-41, and 40E-61, and 40E-400, F.A.C.:

(1)    through (5) No change.

(6) “Electronic Posting” means placing notice through a link on the home page of the District’s website.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 668.003, 668.004, 668.50 FS. History–New 10-1-06, Amended 10-23-12,_________.

 

40E-1.6058 Electronic Posting, Publication and Requests for Notification of Permit Applications or Notices of Intent.

(1) No change.

(a) Within 45 days of receipt of a an individual permit application, the District shall electronically post notice thereof through a link on the home page of the District’s website.  Within 45 days of receipt of an application for an individual water use permit; permit for construction or alteration of dams, impoundments, reservoirs, and appurtenant works under part IV of Chapter 373, F.S.; and permit under Section 403.812, F.S., the District shall publish notice thereof in a newspaper having general circulation as defined in Chapter 50, F.S., in the county in which the activity will occur.  Permit applications submitted under Chapter 40E-6, F.A.C., shall not be subject to the requirements of this paragraph.  

(b) and (c) No change.

(3) through (5) No change.

Rulemaking Authority 373.113, 373.116, 373.118, 373.413, 373.414, 668.003, 668.004, 668.50 FS. Law Implemented 120.53(1), 120.60(3), 668.003, 668.004, 668.50 FS. History–New 10-3-95, Amended 7-2-98, 6-12-00, 10-1-06, 12-15-11,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Douglas H. MacLaughlin, Practice Leader, Office of Counsel

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 10, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 25, 2013