The purpose of this rulemaking is to amend Rules 40D-1.1002 and 40D-1.659, F.A.C., to incorporate revisions to Form LEG-R.42.00-058, Petition for Variance or Waiver from year-round conservation measures and water shortage orders and to conform ...

 

WATER MANAGEMENT DISTRICTS

Southwest Florida Water Management District

RULE NOS.:RULE TITLES:

40D-1.1002Variances and Waivers from Water Shortage Rules and Orders

40D-1.659Forms and Instructions

PURPOSE AND EFFECT: The purpose of this rulemaking is to amend Rules 40D-1.1002 and 40D-1.659, F.A.C., to incorporate revisions to Form LEG-R.42.00-058, Petition for Variance or Waiver from year-round conservation measures and water shortage orders and to conform District rules to Florida Statutes. The effect of this rulemaking will improve rule clarity.

SUMMARY: The proposed amendments to the rules allows the District to amend, clarify and remove certain parts of the Petition for Variance or Waiver form.

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: 120.542, 373.044, 373.113, 373.171 and 373.337 FS.

LAW IMPLEMENTED: 120.542, 373.083, 373.171, 373.175, 373.216, 373.219, 373.223, 373.229, 373.239, 373.246, 373.603, 373.609 and 373.62 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 Bureau Chief, [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: Jessica Hall, SWFWMD, 7601 Highway 301 North, Tampa, FL 33637-6759, [phone] (2139) (OGC #2015009)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40D-1.1002 Variances and Waivers from Water Shortage Rules and Orders.

(1) General – Users may request relief from the provisions of Chapter 40D-21 and 40D-22, F.A.C., and orders issued pursuant thereto, by filing with the District a Petition For Variance or Waiver, in accordance with Section 120.542, F.S. and Chapter 28-104, F.A.C., or by filing Form No. LEG-R.42.00-058 (6/29/14) (**/**/**), (http://www.flrules.org/Gateway/reference.asp?No=Ref-05719), incorporated herein by reference and available upon request from the District. Relief from provisions of a local government ordinance imposing more severe restrictions shall be by petition to such local government.

(2) No change.

Rulemaking Authority 120.54(5), 373.044, 373.113 FS. Law Implemented 120.54(5), 373.175, 373.246 FS. History–New 11-19-84, Amended 7-2-86, Formerly 40D-21.291, Amended 7-2-98, 12-7-10, 6-29-14,__________.

 

40D-1.659 Forms and Instructions.

The following forms and instructions have been approved by the Governing Board and are incorporated by reference into this chapter or into a specific District rule as indicated. Copies of these forms may be obtained from the District offices or the District’s website at www.WaterMatters.org.

(1) through (3)(d) No change.

(e) PETITION FOR VARIANCE OR WAIVER, FORM NO LEG-R.42.00-058 (6/29/14) (**/**/**), (http://www.flrules.org/Gateway/reference.asp?No=Ref-05719), incorporated by reference in subsection 40D-1.1002(1) and Rule 40D-22.303, F.A.C.

(f) through (g) No change.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171, 373.337 FS. Law Implemented 373.083, 373.116, 373.206, 373.207, 373.209, 373.216, 373.219, 373.229, 373.239, 373.306, 373.308, 373.309, 373.313, 373.323, 373.324, 373.413, 373.414, 373.416, 373.419, 373.421, 373.705, 373.707, 668.50 FS. History–New 12-31-74, Amended 10-24-76, Formerly 16J-0.40, 40D-1.901, 40D-1.1901, Amended 12-22-94, 5-10-95, 10-19-95, 5-26-96, 7-23-96, 2-16-99, 7-12-99, 7-15-99, 12-2-99, 5-31-00, 9-3-00, 10-26-00, 6-26-01, 11-4-01, 6-12-02, 8-25-02, 2-26-03, 9-14-03, 9-30-04, 2-1-05, 6-5-05, 10-19-05(1) and (2), 10-19-05(5), 10-19-05(20), 2-6-07, 9-27-07, 11-11-07, 11-25-07, 1-8-08, 4-7-08, 5-12-08, 5-20-08, 8-19-08, 12-30-08, 3-26-09, 7-1-09, 8-30-09, 9-1-09, 10-26-09, 1-27-10, 4-12-10, 4-27-10, 9-5-10, 9-12-10, 12-7-10, 1-16-11, 6-16-11, 12-12-11, 12-29-11, 2-9-12, 10-14-12, 2-13-13, 5-19-14, 6-29-14,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kambria Anderson, 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: February 24, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 26, 2015