The proposed rule amendment to Rule 40D-9.290, F.A.C. will allow for the sale and consumption of alcoholic beverages on Southwest Florida Water Management District (District) lands that are cooperatively managed by other agencies or local ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

Rule No. : RULE TITLE :
40D-9.290: Other Uses; Use of Alcoholic Beverages on District Lands Prohibited
40D-9.320: Conflicting Rules
PURPOSE AND EFFECT: The proposed rule amendment to Rule 40D-9.290, F.A.C. will allow for the sale and consumption of alcoholic beverages on Southwest Florida Water Management District (District) lands that are cooperatively managed by other agencies or local governments when certain specified conditions are met. The proposed amendments to Rule 40D-9.320, F.A.C. will clarify that the District’s land use rules apply on cooperatively managed District land unless specifically addressed in the cooperative land management agreement between the District and the managing agency or local government.
Currently, Rule 40D-9.290, F.A.C. prohibits use of alcoholic beverages on District lands under all circumstances. The proposed rule allows for sale and use of alcoholic beverages on District lands when the land is cooperatively managed by another agency or local government and that agency or local government has adopted an ordinance or rule that allows for the use and sale of alcoholic beverages in parks or facilities owned and managed by that agency or local government and makes a request to the District in writing. The District will deny requests for the use and sale of alcoholic beverages if the requesting agency or local government’s rule or ordinance does not require $1,000,000 liquor liability insurance and the agency or local government does not agree to indemnify the District and hold the District harmless of any claims of liability from events authorized by the agency or local government at which alcoholic beverages are sold or used on District land.
SUMMARY: Rule 40D-9.320, F.A.C., clarifies that District Land Use Rules shall apply if there is a conflict with rules of an agency or local government that is in a cooperative land management agreement with the District, unless the agreement addresses a specific land use, then the terms of the agreement apply.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: 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. An SERC has not been prepared by the agency.
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: 373.044, 373.113 FS.
LAW IMPLEMENTED: 373.1391, 373.59 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Pamela Gifford, Office of General Counsel, 2379 Broad St., Brooksville, FL 34604-6899, [phone], (4156) (OGC #2011003)

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-9.290 Other Uses; Use of Alcoholic Beverages on District Lands Prohibited.

(1) Any recreational use of District Lands not authorized by this chapter is prohibited.

(2) The use of alcoholic beverages on District Land is prohibited.

(a) The sale and use of alcoholic beverages may be allowed on District Land that is cooperatively managed by another agency or local government when that agency or local government has adopted a rule or ordinance that allows the sale and use of alcoholic beverages in parks or facilities owned or managed by the agency or local government and makes such a request in writing.

(b) The rule or ordinance must, at a minimum, require $1,000,000 liquor liability insurance, and the agency or local government must agree in writing to indemnify and hold the District harmless from any claims of liability resulting from events authorized by the agency or local government pursuant to its rule or ordinance at which alcoholic beverages are sold or used on District Land.

(c) If the conditions of paragraphs (a) and (b) are not met, the District shall deny a request by an agency or local government to allow the use of alcoholic beverages on District Land.

Rulemaking Specific Authority 373.044, 373.113 FS. Law Implemented 373.1391, 373.59 FS. History–New 7-20-04, Amended _________.

 

40D-9.320 Conflicting Rules.

If an agency or local government has entered into a cooperative land management agreement with the District regarding specific District Lands, the District’s Land Use Rrules of that agency shall apply if in conflict with the rules of the agency or local government unless the cooperative land management agreement addresses a specific land use, then the terms of the cooperative land management agreement shall apply these rules. If the cooperative management agreement or management plan does not address a specific recreational use, or if the agency does not have rules addressing a specific recreational use, then the District’s rules shall apply.

Rulemaking Specific Authority 373.044, 373.113 FS. Law Implemented 373.1391, 373.59 FS. History–New 7-20-04, Amended _________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Will Miller
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 25, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 20, 2011