The purpose and effect will be to update and clarify rule on point of entry to challenge a District decision.

 

WATER MANAGEMENT DISTRICTS

St. Johns River Water Management District

RULE NO.:RULE TITLE:

40C-1.1007Point of Entry Into Proceedings

PURPOSE AND EFFECT: The purpose and effect will be to update and clarify rule on point of entry to challenge a District decision.

SUMMARY: This rule amendment will update and clarify a procedural rule regarding the point of entry to challenge a District decision.

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 amendments, which are both available upon request. Based on the completed “Is a SERC Required?” form and summary and the analysis performed by District staff in preparing and completing those documents, the proposed rule amendments are not expected to 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: 373.044, 373.113, FS.

LAW IMPLEMENTED: 120.569, 373.413, 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 48 hours before the workshop/meeting by contacting: District Clerk, [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).. 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: Tom Mayton, Deputy General Counsel, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone], email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40C-1.1007 Point of Entry Into Proceedings.

(1) No change.

(2)(a) “Receipt of written notice of a District decision” as set forth in Rule 28-106.111, F.A.C., means receipt of either written notice that the District intends to take or has taken final agency action, or publication of notice that the District intends to take or has taken final agency action. If the District’s Governing Board takes action which substantially differs from a written notice of the District’s decision describing intended action, persons who may be substantially affected shall have an additional 21 days, or for notice of consolidated intent under Section 373.427, F.S., an additional 14 days, from the date of receipt of notice of said action to request an administrative hearing, but this request for administrative hearing shall only address the substantial deviation.

(b) No change.

(3) and (4) No change.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.569, 373.413 FS. History–New 8-4-98, Amended 7-21-19,      .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tom Mayton, Deputy General Counsel, St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177, [phone] [e-mail].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governing Board of the St. Johns River Water Management District.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 11, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 11, 2023