To encourage public engagement, the District proposes new Rule 40E-1.801, F.A.C., to establish guidelines for the use of communications media technology during the District’s public meetings. Section 373.079(7), F.S., authorizes ....

 

WATER MANAGEMENT DISTRICTS

South Florida Water Management District

RULE NOS.:RULE TITLES:

40E-1.800Lobbyist Registration

40E-1.801Public Meetings of the South Florida Water Management District

PURPOSE AND EFFECT: To encourage public engagement, the District proposes new Rule 40E-1.801, F.A.C., to establish guidelines for the use of communications media technology during the District’s public meetings. Section 373.079(7), F.S., authorizes each water management district to conduct meetings by means of communications media technology. The District also proposes to amend Rule 40E-1.800, F.A.C., to update the incorporated Lobbyist Registration Form 1400, to include electronic notarization in accordance with Chapter 117, F.S., and revise the hyperlinks to the NAICS Code and Form 1402, the Lobbyist Registration Cancellation Form, which are incorporated by reference. Form 1402 and the NAICS Code are not proposed for revision.

SUMMARY: SUMMARY: The proposed new rule establishes guidelines for the use of communications media technology during the District's public meetings. The proposed amendment to Rule 40E-1.800, F.A.C., updates the lobbyist registration Form 1400, to include electronic notarization in accordance with Chapter 117, F.S. The proposed revised Form 1400 is available on the District’s website at: https://www.sfwmd.gov/who-we-are/open-government/lobbyist-registration.

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 District completed the Governor’s Office of Fiscal Accountability and Regulatory Reform’s (OFARR) form “Is a SERC Required?” and prepared a summary of the proposed rule amendments, both of which are available upon request. Based on the completed “Is a SERC Required?” form and the District’s summary and analysis performed to prepare and complete said documents, the proposed rule amendment does not require legislative ratification pursuant to subsection 120.541(3), F.S.

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: 112.3261(8), 373.044, 373.113, 373.079(7),FS.

LAW IMPLEMENTED: 112.3261(8), 373.079(7), FS.

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

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: Rosie Byrd, South Florida Water Management District, Clerk, email: [e-mail], phone [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: Rosie Byrd, South Florida Water Management District, Clerk, email: [e-mail], phone [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40E-1.800 Lobbyist Registration.

(1) through (2) No change.

(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 can be found at, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX05266. 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) through (6) No change.

(7) The Lobbyist Registration Form, form number 1400, X/XXXX 5/2015 http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX05266, and the Lobbyist Registration Cancellation Form, form number 1402, 5/2015 http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX05266, are hereby incorporated by reference and may be obtained without cost from the District Clerk either at South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, or at [e-mail]. These forms may also be downloaded from the District’s website at: www.sfwmd.gov/opengov.

Rulemaking Authority 112.3261(8) FS. Law Implemented 112.3261 FS. History–New 5-14-15, Amended             .

 

40E-1.801 Public Meetings of the South Florida Water Management District

(1) All public meetings of the South Florida Water Management District are open to the public at all times and are authorized to be conducted, in whole or in part, via communications media technology. The Executive Director, or designee, shall determine the use and availability of communications media technology.

(2) “Communications media technology” means the electronic transmission of printed matter, audio, full-motion video, freeze-frame video, compressed video, and digital video by any method available.

(3)When a quorum is required for a public meeting of the South Florida Water Management District, the quorum shall be established by a simple majority of those members eligible to vote. Eligibility to vote occurs when a person has been duly appointed by an entity or person with lawful authority to appoint and during the term of such appointment, including any statutory holdover period.

(4) Those participating via communications media technology shall be treated equally to those physically present for purposes of establishing a quorum and voting.

(5) The District shall ensure that members of the public have a reasonable opportunity to be heard when holding a public meeting via communications media technology to encourage public engagement. Members of the public participating via communications media technology shall have the same opportunity to be heard as those physically present for purposes of public comment.

Rulemaking Authority 373.044, 373.113, 373.079(7) FS. Law Implemented 373.079(7) FS. History–New            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sean Cooley, Communications Director

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 11, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 18, 2020