The purpose of this rulemaking is to expand the waiver of application fees in certain instances and to correct a typographical error regarding water use permitting application fees. The effect of this rulemaking will result in a more efficient and ...

 

WATER MANAGEMENT DISTRICTS

Southwest Florida Water Management District

RULE NO.:RULE TITLE:

40D-1.607Permit Processing Fee

PURPOSE AND EFFECT: The purpose of this rulemaking is to expand the waiver of application fees in certain instances and to correct a typographical error regarding water use permitting application fees. The effect of this rulemaking will result in a more efficient and cost-effective permit application process and will improve rule clarity for applicants.

SUMMARY: Procedural.

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: There are no costs to the regulated public as a result of the proposed amendments. Therefore, this rulemaking will not result in any adverse economic impacts or regulatory cost increases that require legislative ratification.

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, 373.149, 373.171 FS.

LAW IMPLEMENTED: 373.109, 373.421(2), 373.4131 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: SWFWMD Human Resources Director, [phone], ext. 4702, 1(800)423-1476 (FL only), ext. 4702, or to [e-mail]. 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: Sonya White, SWFWMD, 7601 Highway 301 North, Tampa, FL 33637-6759, [phone] (4660) (OGC #2013047)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40D-1.607 Permit Processing Fee.

A permit application processing fee is required and shall be paid to the District when certain applications are filed pursuant to District rules. These fees are assessed in order to defray the cost of evaluating, processing, advertising, mailing, compliance monitoring and inspection, required in connection with consideration of such applications. Fees are non-refundable in whole or part unless the activity for which an application is filed is determined by the District to qualify for a permit with a lower fee or not require a permit. Failure to pay the application fees established herein is grounds for the denial of an application or revocation of a permit. The District’s permit application processing fees are as follows:

(1) through (4) No change.

(5) Water use permit application fees shall be as follows:

(a) through (b)3.b. No change.

c. Renewal individual permit no greater than 10 years$185.00

d. through f. No change.

(c) through (e) No change.

(6) The following types of applications are exempt from the fees identified in subsection (5):

(a) PERMIT MODIFICATIONS USING MODIFICATION SHORT FORM: Applications for permit modifications using the Modification Short Form authorized pursuant to paragraph 40D-2.331(2)(b), F.A.C.

(b) RESUBMITTALS: Any resubmittal of an application that was denied or withdrawn within the preceding twelve months, provided the same type of application with substantially similar quantities is resubmitted.

(6)(7) Permit application fees for water well construction or repair shall be as follows:

(a) through (d) No change.

(8) The following type of application is exempt from the fees identified in subsection (7): ABANDONMENT PERMIT APPLICATIONS: Applications for permits to abandon water wells.

(7)(9) Chapter 40D-40, F.A.C., general site conditions assessment permit:

(a) through (c) No change.

(8)(10) The District will use the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U), all items, compiled by the United States Department of Labor for revising fees under Part IV of Chapter 373, F.S., pursuant to Section 373.109, F.S.

(9) Fee Exemptions.

(a) The following types of applications are exempt from the fees identified in subsection (5):

1. LETTER MODIFICATIONS: Letter Modifications requested through the use of a Modification Short Form Application, Form No. LEG-R.035.02 (5/14), (http://www.flrules.org/Gateway/reference.asp?No=Ref-03747), incorporated by reference in and pursuant to paragraph 40D-2.331(2)(b), F.A.C.

2. RESUBMITTALS: Any resubmittal of an application that was denied or withdrawn within the preceding twelve months, or upon the conclusion of any administrative or judicial process to challenge a denial, provided the same type of application with substantially similar quantities is resubmitted.

(b) The following types of applications are exempt from the fees identified in subsection (6):

1. ABANDONMENT PERMIT APPLICATIONS:  Applications for permits to abandon water wells.

2. RESUBMITTALS: Any resubmittal of an application that was denied or withdrawn within the preceding twelve months or upon the conclusion of any administrative or judicial process to challenge a denial.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.109, 373.421(2), 373.4131 FS. History–Readopted 10-5-74, Amended 12-31-74, 10-24-76, 7-21-77, Formerly 16J-0.111, Amended 10-1-88, 1-22-90, 12-27-90, 11-16-92, 1-11-93, 3-23-94, Formerly 40D-0.201, Amended 12-22-94, 10-19-95, 3-31-96, 7-23-96, 10-16-96, 10-26-00, 3-15-01, 9-26-02, 8-7-03, 6-5-05, 2-6-07, 5-12-08, 12-30-08, 12-7-09, 6-30-10, 9-5-10, 12-29-11, 10-1-13, 2-27-14, 5-19-14,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Amy Wells Brennan

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 24, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 7, 2013