Purpose, Definitions, Dispute Regarding Exemption, Eligibility for a Binding Determination, Documentation of Dispute, Exemption Criteria, Binding Determination Process, Final Agency Action  

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    DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
    Division of Agricultural Water Policy

    RULE NO.: RULE TITLE:
    5M-15.001: Purpose
    5M-15.002: Definitions
    5M-15.003: Dispute Regarding Exemption
    5M-15.004: Eligibility for a Binding Determination
    5M-15.005: Documentation of Dispute
    5M-15.006: Exemption Criteria
    5M-15.007: Binding Determination Process

    NOTICE OF CHANGE

    Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 38, No. 24, June 15, 2012 issue of the Florida Administrative Weekly.

    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 Department’s analysis of the economic impact of the rule did not trigger any of the requirements in Section 120.541(1), Florida Statutes, for preparing a Statement of Economic Regulatory Costs (SERC). As part of this analysis, the Department relied upon the fact that the rule only provides for a determination made by the Department, and does not prescribe any particular actions. Additionally, no interested party submitted additional information regarding the economic impact.

    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.

    THE FULL TEXT OF THE PROPOSED RULES IS:

    NOTE: Rule 5M-5.001 has been withdrawn and Rules 5M-5.002 through 5M-5.008 renumbered 5M-5.001 through 5M-5.007.

    5M-15.001 Definitions.

    No change.

    Rulemaking Authority 373.407 FS. Law Implemented 373.406(2), 373.407 FS. History–New________.

    5M-15.002 Dispute Regarding Exemption.

    No change.

    Rulemaking Authority 373.407 FS. Law Implemented 373.406(2), 373.407 FS. History–New________.

    5M-15.003 Eligibility for a Binding Determination.

    In order for the Department to conduct a binding determination under Section 373.407, F.S., the following conditions must exist:

    (1) through (2) No change.

    (3) There must be a dispute between the landowner and the water management district as to the applicability of the exemption. The dispute must be documented as provided in Rule 5M-15.004 5M-15.005.

    Rulemaking Authority 373.407 FS. Law Implemented 373.406(2), 373.407 FS. History–New________.

    5M-15.004 Documentation of Dispute.

    No change.

    Rulemaking Authority 373.407 FS. Law Implemented 373.406(2), 373.407 FS. History–New________.

    5M-15.005 Exemption Criteria.

    No change.

    Rulemaking Authority 373.407 FS. Law Implemented 373.406(2), 373.407 FS. History–New________.

    5M-15.006 Binding Determination Process.

    (1) through (2) No change.

    (3) The steps the Department will take to arrive at a binding determination include, but are not limited to:

    (a) Confirm that the eligibility requirements in Rule 5M-15.003 5M-15.004 are met.

    (b) through (c) No change.

    (d) Consult best management practices applicable to the operation and adopted by rule of the Department in Title 5M, Florida Administrative Code manuals applicable to the operation and adopted by the Department under Title 5M, F.A.C., and applicable conservation practice standards contained in Section IV of the Natural Resources Conservation Service Field Office Technical Guide.

    (e) No change.

    (4) Based on the information obtained pursuant to this section, the Department will evaluate whether the landowner meets the criteria listed in Rule 5M-15.005 5M-15.006, and will formulate a report containing a binding determination. In the report, the Department will explain the basis for its conclusions and provide references to any documents or other sources of information or guidance used in making its determination. The Department will send the written report, by regular or electronic mail, to the affected water management district and landowner.

    Rulemaking Authority 373.407 FS. Law Implemented 373.406(2), 373.407 FS. History–New________.

    5M-15.007 Final Agency Action.

    No change.

    Rulemaking Authority 373.407 FS. Law Implemented 373.406(2), 373.407 FS. History–New________.