The rule is being repealed because it is not necessary for the District to implement its compliance with the referenced federal programs by rule.

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-1.139: Americans With Disabilities Act and Discrimination in Federally Funded Programs Public Grievance Procedures
PURPOSE AND EFFECT: The rule is being repealed because it is not necessary for the District to implement its compliance with the referenced federal programs by rule.
SUMMARY: The District adopted by rule a public grievance process under the Americans with Disabilities Act (ADA) and another for the Rehabilitation Act of 1973. The District is repealing the current rule because it is required to comply with the referenced federal laws and rulemaking is not required. The District will meet the requirements of the federal programs by including the processes in the District’s Statement of Agency Organization and Operation, which is required under Rule 28-101.001, F.A.C.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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: 373.044, 373.113 FS.
LAW IMPLEMENTED: 286.26, 373.083 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: [e-mail] or Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4659

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-1.139 Americans With Disabilities Act and Discrimination in Federally Funded Programs Public Grievance Procedures.

Rulemaking Specific Authority 373.044, 373.113 FS. Law Implemented 286.26, 373.083 FS. History–New 7-29-93, Amended 11-2-93, Formerly 40D-1.202, Repealed_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Lori Tetreault, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4659
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 28, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 14, 2009