Publications Incorporated by Reference

 

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO.:RULE TITLE:
40D-2.091Publications Incorporated by Reference

NOTICE OF CORRECTION

Notice is hereby given that the following correction has been made to the proposed rule in Vol. 38, No. 62, October 31, 2012 issue of the Florida Administrative Register.

These changes are in response to written comments received from the Joint Administrative Procedures Committee dated November 20, 2012. The changes are as follows:

The Summary of Statement of Estimated Regulatory Costs and Legislative Ratification in the Notice of Proposed Rule is revised to include the District’s basis for determining that no SERC is required and that the proposed rule is not likely to require legislative ratification.

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: The proposed amendments will not result in an adverse economic impact on small businesses or increased costs to the regulated public. Therefore, the rulemaking does not require a SERC or legislative ratification.

The District is amending its rules to incorporate two forms by reference. Pre-installation and reimbursement forms to be used by permittees in the Dover/Plant City Water Use Caution Area required to install a flow meter. This flow meter needs to meet specific requirements as described in the rule. The pre-installation form will be completed and submitted to the District prior to meter installation. The reimbursement form will allow the permittee to obtain a refund for the cost of the meter and installation. These page-long forms ask basic questions about the site and the meter to be installed. Thus, the permittee is not expected to incur additional cost in the process of completing these forms.

Moreover, agricultural permittees responsible for mitigating the impacts neighboring wells gone dry after a frost/freeze emergency will have up to three (3) business days to file mitigation reports with the District. This will allow more flexibility, especially to those permittees responsible for mitigating multiple dry wells. As the majority of farms in this area are likely small businesses, adoption of the proposed rule is not expected to increase their costs or negatively impact them.