The proposed rule amendments will address comments received from the Joint Administrative Procedures Committee as follows: 1) replace discretionary language in Rules 40E-21.221 and 40E-21.275; 2) delete subsection (6) of Rule 40E-21.421; and 3) ...  

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    WATER MANAGEMENT DISTRICTS

    South Florida Water Management District

    RULE NOS.:RULE TITLES:

    40E-21.221Evaluating Water Conditions

    40E-21.251Water Shortage Phases

    40E-21.271General Water Use Restrictions

    40E-21.275Variances

    40E-21.421Enforcement

    40E-21.551Phase IV Critical Water Shortage

    PURPOSE AND EFFECT: The Joint Administrative Procedures Committee (JAPC) periodically reviews agency rules for consistency with the governing statutes. The District is undertaking rule development to amend several rules to address comments received from JAPC.  The District will delete several references to “discretionary” language and amend various provisions to provide clarity to water users.

    SUBJECT AREA TO BE ADDRESSED: The proposed rule amendments clarify language in Rules 40E-21.221, .251, .275, .and .551, F.A.C., and delete unnecessary language in Rule 40E-21.421, F.A.C.

    RULEMAKING AUTHORITY: 373.044, 373.113, F.S.

    LAW IMPLEMENTED: 373.042, 373.0421, 373.119, 373.175, 373.246, 373.603, 373.609,

    IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

    DATE AND TIME: June 28, 2018, 9:30 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 hours before the workshop/meeting by contacting: South Florida Water Management District Clerks office, (561)682-6805. 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: The draft rule text is available on the District's website at: www.sfwmd.gov/rules, and may be obtained by contacting Terrie Bates, Division Director, Water Resources, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, telephone: (561)682-6952, email: tbates@sfwmd.gov. For procedural questions regarding the rulemaking process, contact Jan Sluth, CP, FRP, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, telephone: (561)682-6299, email: jsluth@sfwmd.gov.

    THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.

Document Information

Subject:
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Purpose:
The proposed rule amendments will address comments received from the Joint Administrative Procedures Committee as follows: 1) replace discretionary language in Rules 40E-21.221 and 40E-21.275; 2) delete subsection (6) of Rule 40E-21.421; and 3) replace language that states "shall be voluntarily reduced" in numerous places throughout Rule 40E-21.551 to state that it "should be voluntarily reduced."
Rulemaking Authority:
373.044, 373.113, F.S.
Law:
373.042, 373.0421, 373.119, 373.175, 373.246, 373.603, 373.609,
Contact:
The proposed rule text is available on the District's website at: _________________, and may be obtained by contacting __________________.
Related Rules: (6)
40E-21.221. Evaluating Water Conditions
40E-21.251. Water Shortage Phases
40E-21.271. General Water Use Restrictions
40E-21.275. Variances
40E-21.421. Enforcement
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