The purpose of this rulemaking is to adopt new Rule 40D-1.700, Florida Administrative Code, that establishes the procedures for registering to lobby the Southwest Florida Water Management District and adopts forms for use in lobbyist registration, ...

 

WATER MANAGEMENT DISTRICTS

Southwest Florida Water Management District

RULE NO.:RULE TITLE:

40D-1.700Lobbyist Registration

PURPOSE AND EFFECT: The purpose of this rulemaking is to adopt new Rule 40D-1.700, Florida Administrative Code, that establishes the procedures for registering to lobby the Southwest Florida Water Management District and adopts forms for use in lobbyist registration, changing and renewing registration, and cancelling registration. Additionally, the rule incorporates a business classification system. The effect of the rule is that a lobbyist will have to submit registration forms specific to the District prior to lobbying the District.

SUMMARY: The rule provides the definition of a “lobbyist” and incorporates by reference lobbyist registration and cancellation forms. Additionally, the rule adopts and incorporates by reference the 6-digit NAICS code which is to be used to identify a principal’s main business. It further states that a lobbyist must submit a completed registration form for each principal represented by the lobbyist before the District. There is no fee associated with registering as a lobbyist with 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.

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: 112.3261(8) FS.

LAW IMPLEMENTED: 112.3261(8) 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 Director, [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: Chris Tanner, SWFWMD, 7601 Highway 301 North, Tampa, FL 33637-6759, [phone] (4652) (OGC #2014022)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40D-1.700 Lobbyist Registration.

(1) A person who is a “lobbyist” as defined in Section 112.3215, F.S., may not lobby the Southwest Florida Water Management District (the “District”) until he or she has registered as a lobbyist with the District. Registration shall be made by completing, under oath, the “Lobbyist Registration Form,” which is incorporated by reference in subsection (7) below, and submitting that form to the District Clerk at the mail or email address provided in the form.

(2) A separate completed Lobbyist Registration Form must be submitted for each principal represented by the lobbyist before the District.

(3) For identifying and designating a principal’s main business on the Authorization to Represent the Principal part of the Lobbyist Registration Form, the District adopts and incorporates by reference the 6-digit NAICS code published in the North American Industry Classification System – United States, 2012 which is available at: {insert URL}. Classification system information can be obtained by contacting the NAICS Association, 129 Lakeshore Drive, Rockaway, NJ 07866, or by visiting its website: www.naics.com.

(4) Changes to the information provided on a Lobbyist Registration Form must be reported to the District within 15 days by submitting a completed Lobbyist Registration Form and checking the box indicating the submitted form is for the purpose of changing previously filed information.

(5) A lobbyist may renew his or her registration to lobby by filing a completed Lobbyist Registration Form with the District and checking the box indicating the submitted form is for renewal purposes. Renewals must be filed before January 1 of each year.

(6) The principal of a lobbyist may cancel the lobbyist´s registration by submitting a completed “Lobbyist Registration Cancellation Form,” which is incorporated by reference in subsection (7) below, informing the District that a particular lobbyist is no longer authorized to represent that principal. A lobbyist must cancel his or her registration with the District upon termination of his or her contract or other such employment relationship with the principal by promptly submitting a completed Lobbyist Cancellation Form.

(7) The Lobbyist Registration Form, form number LEG-R.054.00, effective date {insert date}, available at {insert URL} and the Lobbyist Registration Cancellation Form, form number LEG-R.055.00, effective date {insert date}, available at {insert URL} are hereby incorporated by reference and may be obtained without cost from the District Clerk either at Southwest Florida Water Management District, 2379 Broad Street, Brooksville, FL 34604, or at [e-mail]. These forms may also be downloaded from the District’s website at: WaterMatters.org/Lobbyist Registration.

Rulemaking Authority 112.3261(8) FS. Law Implemented 112.3261 FS. History–New__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Chris Tanner, Staff Attorney

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 30, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 17, 2014