To establish rules for the Big Bend Water Authority.  


  • RULE NO: RULE TITLE
    49E-1.001: Agency Description
    49E-1.002: Office Hours, Location
    49E-1.003: Boundaries
    49E-1.004: Statutes and Rules
    49E-1.005: Delegation of Authority by the Board of Directors
    49E-1.006: Designation of Agency Clerk and Official Reporter
    49E-1.007: Maintenance of Records
    49E-1.008: General Description of Agency Operations
    49E-1.009: Adoption of Model Rules of Procedure
    49E-1.010: Public Information and Inspection and Copying of Records
    PURPOSE AND EFFECT: To establish rules for the Big Bend Water Authority.
    SUMMARY: Organizational Rules.
    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
    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.
    SPECIFIC AUTHORITY: 163.01, 373.1962, 119.021, 120.53, 119.07, 118.416 FS.
    LAW IMPLEMENTED: 120.53, 163.01, 189.416, 119.021, 120.525, 120.565, 120.569, 120.57 FS.
    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
    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 7 days before the workshop/meeting by contacting: Jo Hiers. 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: Jo Hiers

    THE FULL TEXT OF THE PROPOSED RULE IS:

    49E-1.001 Agency Description.

    (1) The Big Bend Water Authority is a public body authorized by Section 373.1962, Florida Statutes. It was created by Interlocal Agreement pursuant to Section 163.01, Florida Statutes. The counties of Dixie and Taylor are the Parties to that agreement.

    (2) The Board of Directors is the head of the Big Bend Water Authority. The Board consists of three (3) representatives of each of the Parties, and each representative is appointed by and serves at the pleasure of the governing body of the Parties. A seventh board member is elected by the six (6) appointed representatives. The Board’s officers consist of a Chairman, Vice-Chairman, Secretary and Treasurer, each of whom shall serve for a term of one (1) year, or until their respective successor is elected and qualified. The Board is vested with all the powers of the authority.

    (3) The General Manager is the Chief Executive Staff Officer of the Big Bend Water Authority, who serves at the pleasure of the Board of Directors. The General Manager administers the Big Bend Water Authority, organizes staff efforts and employs necessary staff with Board approval.

    (4) The General Counsel is the Chief Legal Officer of the Big Bend Water Authority, and also serves at the pleasure of the Board of Directors. The General Counsel provides legal advice and support to the Board of Directors and the General Manager.

    Specific Authority 163.01, 373.1962 FS. Law Implemented 120.53 FS. History–New_________.

     

    49E-1.002 Registered Office, Office Hours and Copies of Documents.

    (1) The registered office of the Big Bend Water Authority is:

    1313 First Avenue S. E.

    Steinhatchee, Florida 32359

    (2) Office Hours: Office hours are 8:00 a.m. to 4:00 p.m. each weekday, except holidays.

    (3) Copies of documents: Information or requests for copies of Rules, Orders, Publications or Documents issued by the Big Bend Water Authority may be obtained in accordance with Rule 49E-1.010, F.A.C.

    Specific Authority 163.01(5) FS. Law Implemented 163.01(5), 189.416 FS. History–New_________.

     

    49E-1.003 Boundaries.

    The boundaries of the Big Bend Water Authority shall consist of a portion of the unincorporated area of Taylor County, Florida, known generally as the Steinhatchee community, and a portion of the unincorporated areas of Dixie County, Florida, known generally as Jena and Rocky Creek. The legal description of the service area specifically consists of:

            A governmental utility service area in Sections 20, 21, 28, 29, 30, 31, 32, 33, 34, Township 8 South, Range 10 East, Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 22, 28, 29, 30, 31, 32, 33, Township 9 South, Range 10 East, Sections 12, 13, 14, 15, 22, 23, 24, 25, 26, 27, 34, 35, 36, Township 9 South, Range 9 East, Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, Township 10 South, Range 9 East, Sections 4, 5, 6, 7, 8, 18, Township 10 South, Range 10 East, all lands lying east of the Gulf of Mexico. The perimeter being more particularly described as follows:

            Commence at the intersection of the West line of Section 27, Township 9 South, Range 9 East and the Gulf of Mexico for a point of beginning; thence run North along the West line of said Section 27, to the SW corner of Section 22; thence run north along the west line of said Section 22 to the SW corner of Section 15; thence run north along the west line of said Section 15 to the NW corner of said Section 15; thence run east along the north line of said Section 15 to the NW corner of Section 14; thence run east along the north line of said Section 14 to the SW corner of Section 12; thence run north along the west line of said Section 12 to the NW corner of said Section 12; thence run east along the north line of said Section 12 to the SW corner of Section 6, Township 9 South, Range 10 East; thence run north along the west line of said Section 6 to the SW corner of Section 31, Township 8 South, Range 10 East; thence run north along the west line of said Section 31 to the SW corner of Section 30; thence run north along the west line of said Section 30 to the NW corner of said Section 30; thence run east along the north line of said Section 30 to the SW corner of Section 20; thence run north along the west line of said Section 20 to the NW corner of said Section 20; thence run east along the north line of said Section 20 to the NW corner of Section 21; thence run east along the north line of said Section 21 to the NE corner of said Section 21; thence run south along the east line of said Section 21 to the NE corner of Section 28; thence run south along the east line of said Section 28 to the NW corner of Section 34; thence run east along the north line of said Section 34 to the NE corner of said Section 34; thence run south along the east line of said Section 34 to the NE corner of Section 3, Township 9 South, Range 10 East; thence run south along the east line of said Section 3 to the NW corner of Section 11; thence run east along the north line of said Section 11 to the NE corner of said Section 11; thence run south along the east line of said Section 11 to the NE corner of Section 14; thence south along the east line of said Section 14 to the SE corner of said Section 14; thence run west along the south line of said Section 14 to the NE corner of Section 22; thence run south along the east line of said Section 22 to the SE corner of said Section 22; thence run west along the south line of said Section 22 to the NE corner of Section 28, thence run south along the east line of said Section 28 to the NE corner of Section 33; thence run south along the east line of said Section 33 to the NE corner of Section 4, Township 10 South, Range 10 East; thence run south along the east line of said Section 4 to the SE corner of said Section 4; thence run west along the south line of said Section 4 to the NE corner of Section 8; thence run south along the east line of said Section 8 to the SE corner of said Section 8; thence run west along the south line of said Section 8 to the NE corner of Section 18; thence run south along the east line of said Section 18 to the SE corner of said Section 18; thence run west along the south line of said Section 18 to the NE corner of Section 24, Township 10 South, Range 9 East; thence run south along the east line of said Section 24 to the SE corner of said Section 24; thence run west along the south line of said Section 24 to the SE corner of Section 23; thence run west along the south line of said Section 23 to the SE corner of Section 22; thence run west along the south line of said Section 22 to the Gulf of Mexico; thence meander northerly along the Gulf of Mexico to the point of beginning. All lands north of the Steinhatchee River lying in Taylor County and all lands lying south of the Steinhatchee River lying in Dixie County, Florida.

    Specific Authority 163.01, 373.1962 FS. Law Implemented 120.53 FS. History–New_________.

     

    49E-1.004 Statutes and Rules Affecting Agency Operations.

    Pursuant to Sections 373.1962 and 163.01, Florida Statutes, the Big Bend Water Authority has responsibility for developing, storing and supplying water and treating wastewater for public and private purposes in such a manner as will give priority to reducing adverse and environmental effects of excessive or improper withdrawals from concentrated areas. In carrying out this responsibility, the Big Bend Water Authority is especially affected by Chapters 373 and 403, Florida Statutes, and Chapters 40D and 62, F.A.C.

    Specific Authority 163.01, 373.1962 FS. Law Implemented 120.53, FS. History–New_________.

     

    49E-1.005 Delegation of Authority by the Board of Directors.

    The Board of Directors, as head of the Big Bend Water Authority has delegated authority as follows:

    (1) To the General Manager to hire or terminate the employment of any employee with the consent of the Chairman, or in his absence, the Vice Chairman; to recommend and maintain personnel rules which shall be made available for public inspection; to secure services, labor or material costing $1,000 or less; to prepare proposed budgets; to advise the Board on budget matters; to keep correct minutes and records of Board meetings; to prepare agendas; to represent the Big Bend Water Authority at public hearings; to serve as the Registered Agent of the Big Bend Water Authority.

    (2) It is recognized that in making the foregoing delegations of authority, that the Board shall continue to retain and exercise general supervisory authority over the matters stated therein.

    Specific Authority 163.01(5), 373.1962 FS. Law Implemented 120.53 FS. History–New_________.

     

    49E-1.006 Designation of Agency Clerk and Official Reporter.

    (1) The General Manager shall serve as the Big Bend Water Authority’s Clerk. The Clerk has responsibility for filing all final agency decisions. The Clerk shall indicate the date of filing on the decision. The Clerk also has responsibility for filing all notices of appeal and for preparation of the record in all judicial reviews of agency actions pursuant to Section 120.68, Florida Statutes.

    (2) The Big Bend Water Authority designates Judicial Administrative Research Associates, Inc. (JARA) and Florida Administrative Law Reports, Inc. (FALR), publishers of the Florida Administrative Law Reports, as its official reporter for the purpose of publishing and indexing by subject matter all authority orders rendered after a proceeding which affects substantial interests has been held.

    Specific Authority 163.01, 373.1962 FS. Law Implemented 120.53 FS. History–New_________.

     

    49E-1.007 Maintenance of Records.

    Final Orders that comprise final agency action and that must be indexed or listed pursuant to this Chapter shall be permanently maintained by the Big Bend Water Authority pursuant to the retention scheduled approved by the Department of State, Division of Library and Information Services.

    Specific Authority 119.021, 120.53 FS. Law Implemented 119.021 FS. History–New_________.

     

    49E-1.008 General Description of Agency Operations.

    The Big Bend Water Authority’s staff is essentially composed of employees needed to operate and maintain the facilities of the Authority and an administrative staff needed to support operations, planning, design and construction of facilities. All employees of the Authority report to the General Manager. The internal structure of the staff is periodically reviewed by the General Manager and presented graphically on an organizational chart.

    (1) The General Manager exercises those powers and duties delegated pursuant to subsection 49E-1.005, F.A.C. Additional functions carried out by personnel located in the General Manager’s office include the recordation of Board minutes, preparation of all necessary notices and agendas, scheduling of workshops and meetings, certification of the authenticity of documents and filing of all final Agency decisions and notices of appeal.

    (2) The General Manager is also responsible for supervising the planning and construction of new facilities and the modification of existing facilities, and providing supervisory oversight for the operation of those facilities operated by the Big Bend Water Authority.

    (3) Outside professional accountants may assist the General Manager in keeping the Authority’s financial records, preparing its financial statements and reports, and in preparing its proposed budgets and the annual financial audit.

    Specific Authority 163.01, 373.1962 FS. Law Implemented 120.53 FS. History–New_________.

     

    49E-1.009 Adoption of Model Rules of Procedure.

    The Big Bend Water Authority adopts by reference the following Model Rules of Procedure of the Administration Commission:

    (1) Chapter 2A-102, F.A.C., Agenda and Scheduling Meetings and Workshops.

    (2) Chapter 2A-103, F.A.C., Rulemaking Proceedings.

    (3) Chapter 2A-105, F.A.C., Declaratory Statements.

    (4) Chapter 2A-106, F.A.C., Decisions Determining Substantial Interest.

    Specific Authority 163.01, FS. Law Implemented 120.525, 120.565, 120.569, 120.57 FS. History–New_________.

     

    49E-1.010 Public Information and Inspection and Copying of Records.

    (1) Requests for information, disclosure of public records or copies of public records shall be directed to the General Manager of the Big Bend Water Authority at the following address:

    1313 First Avenue S. E.

    Steinhatchee, Florida 32359

    (2) The Big Bend Water Authority will charge $0.15 per page for standard legal or letter size copies and $0.20 per page for two-sided copies. If special equipment, paper, materials, or services are required for reproduction for requested copies, the Big Bend Water Authority shall charge the estimated actual cost for making the copies.

    (3) In addition to the actual cost of materials and supplies, a special service charge will be assessed for providing information or documents when the nature or volume of the records requested requires extensive clerical or supervisory assistance by the Big Bend Water Authority personnel. For the purpose of this Rule, “extensive” means that it will take more than fifteen (15) minutes to locate, review for confidential or exempt information, copy, and refile the requested material. The special service charge will be computed to the nearest quarter for an hour exceeding fifteen (15) minutes based on the current rate of pay for the pay grade of the person who performed the service and will be assessed when appropriate regardless of the number of individual copies made. The Big Bend Water Authority shall also charge for the cost of mailing the requested records or copies including the cost of the envelope or container and postal service or other delivery charge.

    (4) Payment of costs assessed in subsection (2) and (3) above must be received before copies will be provided.

    Specific Authority 163.01(5), 119.07(1), 189.416 FS. Law Implemented 163.01(5) FS. History–New_________.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Michael P. Spellman, General Counsel
    NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: William H. Cake, Chairman of Board of Directors
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 27, 2008
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 14, 2008

Document Information

Comments Open:
4/18/2008
Summary:
Organizational Rules.
Purpose:
To establish rules for the Big Bend Water Authority.
Rulemaking Authority:
163.01, 373.1962, 119.021, 120.53, 119.07, 118.416 FS.
Law:
120.53, 163.01, 189.416, 119.021, 120.525, 120.565, 120.569, 120.57 FS.
Contact:
Jo Hiers
Related Rules: (10)
49E-1.001.
49E-1.002.
49E-1.003.
49E-1.004.
49E-1.005.
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