Rule amendments update language to reflect statutory changes, remove obsolete rule references, clarify rule references, and amend the rule title to make content clear.

 

LAND AND WATER ADJUDICATORY COMMISSION
Departmental

RULE NO: RULE TITLE
42-2: RULES OF APPEALS PROCEDURE
42-2.013: Request for Review Pursuant to Section 373.114 or 373.217
42-2.0132: Procedure
PURPOSE AND EFFECT: Rule amendments update language to reflect statutory changes, remove obsolete rule references, clarify rule references, and amend the rule title to make content clear.

SUBJECT AREA TO BE ADDRESSED: Subject areas covered are procedures for filing petitions from a Water Management District order and for filing a request for review pursuant to Section 373.114 or 373.217, FS.

SPECIFIC AUTHORITY: 373.114 FS.
LAW IMPLEMENTED: 373.114, 373.217 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: Tuesday, January 16, 2007, 10:00 a.m.

PLACE: Room 2103, The Capitol, Tallahassee, Florida

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 two days before the workshop/meeting by contacting: Barbara Leighty, Florida Land and Water Adjudicatory Commission, The Capitol, Room 1801, Tallahassee, Florida 32399-0001, telephone [phone]. 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Barbara Leighty, Florida Land and Water Adjudicatory Commission, The Capitol, Room 1801, Tallahassee, Florida 32399-0001, telephone [phone]

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

42-2.013 Request for Review Pursuant to Section 373.114 or 373.217, F.S.

(1) through (3) No change.

(4)(a) With regard to a request for review of an order by a party, if the petition is timely filed, sufficient, and raises issues of conflict with the requirements of Chapter 373, F.S., or rules duly adopted thereunder, then the Commission shall accept the request for review of an order if:

1. Three four members of the Commission determine on a basis of the record below that the activity authorized by the order would substantially affect natural resources of statewide or regional significance; or

2. Three four members of the Commission determine that the order raises issues of policy, statutory interpretation, or rule interpretation that have regional or statewide significance from the standpoint of agency precedent.

(b) No change.

(c) For the purpose of subparagraph 42-2.013(4)(a)1. and Rule 42-2.018, F.A.C., it shall be presumed that an activity authorized by an order will not affect resources statewide or regional significance if the proposed activity:

1. through 4. No change.

Specific Authority 373.114, 373.217 FS. Law Implemented 373.114, 373.217 FS. History–New 6-8-77, Formerly 22G-1.13, Amended 2-7-84, Formerly 27G-1.13, Amended 2-20-94, 3-15-95,________.

 

42-2.0132 Procedure for Filing Petitions from a Water Management District Order.

(1) Review by the Commission is appellate in nature and shall be based solely on the record below unless the Commission determines that a remand for a formal evidentiary proceeding is necessary to develop additional findings of fact.

(1) through (2) renumbered (2) through (3) No change.

(3) Where a proceeding on an order has been initiated pursuant to Section 120.57, F.S., a request for review under Rule 42-2.013 or 42-2.0131, F.A.C., shall be filed no later than 20 days after rendition of the final agency action in the proceeding, except as provided in (1)(b), as applicable.

(4) No change.

(5) A request for review under Rule 42-2.013 or 42-2.0131, F.A.C., is not a precondition to seeking judicial review pursuant to Section 120.68, F.S., or seeking administrative determination of rule validity pursuant to Section 120.56, F.S. However, the filing of a petition under Section 120.57, F.S., or a rule challenge under Section 120.56, F.S., shall result in a stay of review by the Commission.

(6) through (13) No change.

Specific Authority 373.114, 373.217, 20.255 FS. Law Implemented 373.114, 373.217, 20.255 FS. History–New 2-20-94, Amended 3-15-95, ________.