The purpose and effect of this rulemaking is to amend the District’s current process for staff-issued notices of denial of incomplete permit applications consistent with a recent District Order delegating authorization to the Executive Director to ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

Rule No.: RULE TITLE
40D-1.6051: Timeframe for Providing Requested Information for Permit Applications and Denial of Incomplete Applications
PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to amend the District’s current process for staff-issued notices of denial of incomplete permit applications consistent with a recent District Order delegating authorization to the Executive Director to take final action on permit applications and denials of permit applications.
SUMMARY: In June 2010, the District Governing Board issued an order delegating authority to the Executive Director and designated staff to take agency action on all environmental resource permits, and on all water use permits unless referred to the Governing Board for action by the Executive Director. The order rescinds a similar order enacted last year as the result of legislation concerning delegation of permitting authority for water management districts. Minor amendments are proposed to Rule 40D-1.6051, F.A.C., to make the process for denials of incomplete applications as described in the rule consistent with the denial process outlined in the new Governing Board order. Rule 40D-1.6051, F.A.C., provides that, for applications being processed for denial, staff will advise the applicant of the opportunity to request referral to the Governing Board for agency action on the application. Amendments provide that applications not referred to the Board for agency action will be denied by staff through issuance of a notice of final agency action as opposed to a notice of proposed agency action. Prior to issuance of final action notice, applicants will still be able to withdraw or amend their application or request referral to the Board. Following issuance, applicants will still have 21 days from receipt to file a petition objecting to the agency action.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Statement of Estimated Regulatory Costs identified approximately 44 permit applications that were denied between January 2005 and October 2009 that had been pending for one year or longer. Additionally, 99 ERP applications and 29 WUP applications received from January 2004 through June 2009 and still pending were identified as incomplete. Very few applications are denied as incomplete, which means that the number of individuals and entities likely to be required to comply with the rule is very low. Most permit applicants having applications that are incomplete for an extended period of time either withdraw their applications or make modifications to their plans. The proposed changes constitute a minor change in procedure and are not substantive. The proposed revisions are not expected to pose any additional costs to the District or other state and local governments. There are no anticipated negative impacts to state or local revenues. There will be no additional transactional costs to permit applicants. Small businesses, counties and cities will not be adversely impacted by the proposed changes.
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: 120.54(5), 373.044, 373.113, 373.118, 373.4135, 373.4136, 373.414 FS.
LAW IMPLEMENTED: 120.54(5), 120.60, 373.084, 373.085, 373.116, 373.118, 373.119, 373.171, 373.229, 373.2295, 373.308, 373.309, 373.323, 373.413, 373.4136, 373.414, 373.416, 373.418, 373.426 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 5 days before the workshop/meeting by contacting: The Southwest Florida Water Management District, Human Resources Director, 2379 Broad Street, Brooksville, Florida 34604-6899; telephone [phone], ext. 4702 or 1(800)423-1476 (FL only), ext. 4702; TDD (FL only) 1(800)231-6103; or email 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: Barbara Martinez, Office of General Counsel, 2379 Broad St., Brooksville, FL 34604-6899, [phone], ext 4660 (OGC #2010028)

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-1.6051 Timeframe for Providing Requested Information for Permit Applications and Denial of Incomplete Applications.

(1) No change.

(2) If requested information is not submitted to the District within the time limits set forth in subsection (1) above, or if an application remains incomplete for more than 365 days and no further extension will be granted, District staff shall issue to the applicant a notice advising of staff’s intent to deny the application and that the applicant may request referral of the application to the Governing Board for final action. Upon such request and provided the request is made in sufficient time for proposed agency action to occur within the time limits required by Chapter 120, F.S., or other applicable law, the application will be referred to the Governing Board for final action. Applications not referred to the Governing Board will be denied by staff issuance of a notice of final action to deny the permit application for lack of completeness. The proposed application denial shall become final 21 days after receipt of written notice, as defined in paragraph 40D-1.1010(2)(b), F.A.C., or 14 days after receipt of written notice for a consolidated application concurrently reviewed pursuant to Section 373.427, F.S., unless prior to that date: the application is amended as provided in subsection 40D-1.603(7), F.A.C.; the application is withdrawn; a petition for administrative hearing is filed; or a written request to refer the application to the Governing Board for agency action is submitted by the applicant.

Rulemaking Authority 120.54(5), 373.044, 373.113, 373.118, 373.4135, 373.4136, 373.414 FS. Law Implemented 120.54(5), 120.60, 373.084, 373.085, 373.116, 373.118, 373.119, 373.171, 373.229, 373.2295, 373.308, 373.309, 373.323, 373.413, 373.4136, 373.414, 373.416, 373.418, 373.426 FS. History–New 7-2-98, Formerly 40D-1.1020, Amended 9-1-09,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Martha A. Moore, Senior Attorney
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 29, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 9, 2010