The purpose and effect of this rulemaking is to clarify that notices of agency action will be issued only to applicants and persons who have filed requests for notification in writing or via electronic mail.

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO.: RULE TITLE:
40D-1.603: Permit Application Procedures

PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to clarify that notices of agency action will be issued only to applicants and persons who have filed requests for notification in writing or via electronic mail.

SUMMARY: Modification of Procedural Rules of the District.

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 or submittal of a SERC.

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, 373.118 FS.
LAW IMPLEMENTED: 120.60(4), 373.116, 373.118, 373.229, 373.413 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE 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: Sonya White, Office of General Counsel, 7601 Highway 301 North, Tampa, FL; 33637-6759, [phone], ext. (4660) (OGC #2012009)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-1.603 Permit Application Procedures.

(1) through (5) No change.

(6) Publication or posting of the notice of application pursuant to subsection (2) shall constitute constructive notice of the permit application to all substantially affected persons. Notices of agency action will be issued only to applicants and persons who have filed such requests for notification in writing or by electronic mail that specifically reference the relevant permit application number.

(7) through (14) No change.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 120.60(4), 373.116, 373.118, 373.229, 373.413 FS. History–New 10-1-84, Amended 5-10-88, 12-22-94, 10-19-95, 3-31-96, 12-16-97, 7-2-98, 7-22-99, 11-8-00, 9-26-02, 12-24-07, 4-7-08, 11-2-08, 9-1-09,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Christopher Pettit, Senior Attorney, Office of General Counsel

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 22, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 13, 2012