The Suwannee River Water Management District (District) gives notice that it is initiating rulemaking to repeal rule sections applicable to sovereign state lands that exceed the District’s authority pursuant to rule 253.03, F.S.

 

WATER MANAGEMENT DISTRICTS

Suwannee River Water Management District

RULE NO.:RULE TITLE:

40B-4.3040Unlawful Use of Works of the District

PURPOSE AND EFFECT: The Suwannee River Water Management District (District) gives notice that it is initiating rulemaking to repeal rule sections applicable to sovereign state lands that exceed the District’s authority pursuant to Section 253.03, F.S.

SUMMARY: Repeal of rule sections prohibiting use of motor vehicles in stream channel.

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 has completed for the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) the “Is a SERC Required?” form and prepared a summary of the proposed rule amendment, which are both available upon request. Based on the completed “Is a SERC Required?” form and summary and the analysis performed by the District, the proposed rule amendment is not expected to require legislative ratification pursuant to Section 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: 373.044, 373.113, 373.171 FS.

LAW IMPLEMENTED: 373.084, 373.085, 373.086 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 2 days before the workshop/meeting by contacting: Warren Zwanka, [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: Warren Zwanka, Suwannee River Water Management District, 9225 CR 49, Live Oak, Florida 32060, [phone] or [phone] (FL only)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40B-4.3040 Unlawful Use of Works of the District.

(1) No change.

(2) It shall be unlawful for any permitted use to violate the provisions of Chapter 373, F.S., or this chapter, or any of the the limiting conditions of a works of the district development permit. The district may use any remedy available to it under Chapter 120 or 373, F.S. and Chapter 40B-1, F.A.C., to cause the unpermitted use or development to be removed or brought into compliance with Chapter 373, F.S., and this chapter.

(3) It is prohibited for any person to operate any motorized vehicle within a work of the district that includes the channel of a stream as defined by the normally recognized bank. Law enforcement officers, during the normal course of their duties, are exempt from this rule.

(3)(4) Damage to works of the district resulting from violations specified in subsections 40B-4.3040(1) through (2)(3), F.A.C., above shall be repaired by the violator.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.086 FS. History–New 9-25-85, Amended 9-13-04, 5-8-05, 8-8-07, 10-14-13,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Leroy Marshall II, P.E., CFM, Senior Professional Engineer

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Suwannee River Water Management District Governing Board.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 9, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 27, 2015