The purpose is to amend Rule 40D-1.002, F.A.C., to revise the effective dates and hyperlinks to three new Well Construction Permitting Delegation Agreements between Southwest Florida Water Management District and Manatee ....

 

WATER MANAGEMENT DISTRICTS

Southwest Florida Water Management District

RULE NO.:RULE TITLE:

40D-1.002Delegation of Authority

PURPOSE AND EFFECT: The purpose is to amend Rule 40D-1.002, F.A.C., to revise the effective dates and hyperlinks to three new Well Construction Permitting Delegation Agreements between Southwest Florida Water Management District and Manatee County, Sarasota County, and the Florida Department of Health in Marion County.

SUMMARY: The proposed changes to Rule 40D-1.002, F.A.C., are revisions of the effective dates and hyperlinks to three new Well Construction Permitting Delegation Agreements between the SWFWMD and Manatee County, Sarasota County, and the Florida Department of Health in Marion County. As the previous Well Construction Permitting Delegation Agreements between the parties expired on May 31, 2021, the rule amendment will incorporate the new Well Construction Permitting Delegation Agreements by reference with effective dates of June 1, 2021.

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: The District conducted an economic review of the revisions to the rule and determined that the impact or regulatory cost, if any, of the revisions will not exceed any one of the economic analysis criteria in a SERC as set forth in Section 120.541(2)(a), F.S.

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, 373.103, 373.113, 373.118, 373.171, 373.219, 373.309 F.S.

LAW IMPLEMENTED: 253.002, 373.083, 373.103, 373.149, 373.171, 373.175, 373.219, 373.223, 373.224, 373.226, 373.246, 373.308, 373.309, 373.427 F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jennifer A. Soberal, Staff Attorney, Southwest Florida Water Management District, 7601 U.S. Highway 301 North, Tampa, FL 33637, [phone], ext. 4665

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40D-1.002 Delegation of Authority.

(1) and (2) No change. 

(3) The Governing Board hereby incorporates by reference the following documents:

(a) Well Construction Permitting Agreement Between the Southwest Florida Water Management District and Manatee County, effective June 1, 20212016, available at (_https://www.flrules.org/Gateway/reference.asp?No=Ref-_____07262).

(b) Well Construction Permitting Agreement Between the Southwest Florida Water Management District and Sarasota County, effective June 1, 20212016, available at (https://www.flrules.org/Gateway/reference.asp?No=Ref-______07263).

(c) Well Construction Permitting Agreement Between the Southwest Florida Water Management District and Florida Department of Health, effective June 1, 20212016, available at (https://www.flrules.org/Gateway/reference.asp?No=Ref-_____07264).

Rulemaking Authority 373.044, 373.103, 373.113, 373.118, 373.171, 373.219, 373.309 FS. Law Implemented 253.002, 373.083, 373.103, 373.149, 373.171, 373.175, 373.219, 373.223, 373.224, 373.226, 373.246, 373.308, 373.309, 373.427 FS. History–New 3-1-84, Amended 3-10-96, 7-22-99, 12-2-99, 9-26-02, 7-20-04, 10-19-05, 5-21-06, 7-13-06, 12-24-07, 5-12-08, 12-7-09, 7-22-10, 12-7-10, 12-4-11, 6-29-14, 2-18-15, 9-20-16, _____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Southwest Florida Water Management District

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 25, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 6, 2021