To amend subsections 40E-0.105(2) and (4), F.A.C., to be consistent with subsection 40E-1.6058(1), F.A.C., which currently provides electronic mail as an option for receipt of notices of intent, and to amend paragraph 40E-0.109(1)(a), F.A.C., to be ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO: RULE TITLE
40E-0.105: Consideration of Intended Agency Decision on Permit Applications
40E-0.109: Point of Entry Into Proceedings and Mediation
PURPOSE AND EFFECT: To amend subsections 40E-0.105(2) and (4), F.A.C., to be consistent with subsection 40E-1.6058(1), F.A.C., which currently provides electronic mail as an option for receipt of notices of intent, and to amend paragraph 40E-0.109(1)(a), F.A.C., to be consistent with paragraph 40E-1.511(1)(a), F.A.C., which currently allows for electronic mail as a means of providing written notice of agency decisions.
SUMMARY: The proposed rule amendments will be consistent with existing paragraph 40E-1.511(1)(a) and subsection 40E-1.6058(1), F.A.C., which provide for electronic mail as a means of providing and receiving notice of intent and written notice of agency decisions.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No amendments are proposed that differ from rules currently in effect. Therefore, 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: 120.54(5), 373.044, 373.113, 120.60, 668.003, 668.004, 668.50 FS.
LAW IMPLEMENTED: 120.54(5), 120.569, 120.57, 120.60, 373.146, 373.413, 373.427, 668.003, 668.004, 668.50 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: December 11, 2008, 9:00 a.m.
PLACE: South Florida Water Management District Headquarters, B-1 Building, Auditorium, 3301 Gun Club Road, West Palm Beach, FL 33406
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: South Florida Water Management District Clerk, [phone] or 1(800)432-2045, ext. 2087. 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: Maria Clemente, P.E., Division Director, Regulatory Information Management, Environmental Resource Regulation Department, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 2308 or [phone], email: [e-mail]. For procedural questions contact: Jan Sluth, Senior Paralegal, Office of Counsel, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 6299 or [phone], email: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

40E-0.105 Consideration of Intended Agency Decision on Permit Applications.

(1) No change.

(2) The Governing Board shall consider the application for a conceptual approval, individual environmental resource, individual surface water management, or individual water use permit application at its next available regularly scheduled regulatory meeting following the mailing either by regular United States mail or electronic mail of notice of intended agency decision, unless an administrative hearing is requested and granted pursuant to Section 120.569, F.S.

(3) No change.

(4) Because the Governing Board may take a final agency action which materially differs from the noticed intended agency action, applicants and other interested persons should be prepared to defend their position regarding the permit application when it is considered by the Governing Board. If the Governing Board takes final agency action which materially differs from the intended agency decision, the District shall mail a notice of the final agency action either by regular United States mail or electronic mail to all persons who were notified of the intended agency decision.

Specific Authority 120.54(5), 120.60, 668.003, 668.004, 668.50 FS. Law Implemented 120.54(5), 120.60, 668.003, 668.004, 668.50 FS. History–New 7-2-98, Amended_________.

 

40E-0.109 Point of Entry into Proceedings and Mediation.

Point of entry into proceedings determining substantial interests are governed by Rule 28-106.111, F.A.C., and this section.

(1)(a) “Receipt of written notice of agency decision” as set forth in Rule 28-106.111, F.A.C., means receipt of either written notice through regular United States mail, or electronic mail, or posting that the District has or intends to take final agency action, or publication of notice that the District has or intends to take final agency action.

(b) No change.

(2) through (3) No change.

Specific Authority 120.54(5), 373.044, 373.113, 668.003, 668.004, 668.50 FS. Law Implemented 120.54(5), 120.569, 120.57, 120.60, 373.146, 373.413, 373.427, 668.003, 668.004, 668.50 FS. History– New 7-2-98, Amended 6-12-00,__________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Maria Clemente, P.E., Division Director, Regulatory Information Management Division, Environmental Resource Regulation Department
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: South Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 09, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 3, 2008