8877166, 40D-1.6051 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 8877166

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

PROCEDURAL

Overview

RULE:

40D-1.6051

Timeframe for Providing Requested Information for Permit Applications and Denial of Incomplete Applications

PURPOSE:

The purpose and effect of this rulemaking is to amend the District’s current process for staff-issued notices of denial of incomplete permit applications consistent with a recent District Order delegating authorization to the Executive Director to take final action on permit applications and denials of permit applications.

SUMMARY:

In June 2010, the District Governing Board issued an order delegating authority to the Executive Director and designated staff to take agency action on all environmental resource permits, and on all water use permits unless referred to the Governing Board for action by the Executive Director. The order rescinds a similar order enacted last year as the result of legislation concerning delegation of permitting authority for water management districts. Minor amendments are proposed to Rule 40D-1.6051, F.A.C., to make the process for denials of incomplete applications as described in the rule consistent with the denial process outlined in the new Governing Board order. Rule 40D-1.6051, F.A.C., provides that, for applications being processed for denial, staff will advise the applicant of the opportunity to request referral to the Governing Board for agency action on the application. Amendments provide that applications not referred to the Board for agency action will be denied by staff through issuance of a notice of final agency action as opposed to a notice of proposed agency action. Prior to issuance of final action notice, applicants will still be able to withdraw or amend their application or request referral to the Board. Following issuance, applicants will still have 21 days from receipt to file a petition objecting to the agency action.

RULEMAKING AUTHORITY:

120.54(5), 373.044, 373.113, 373.118, 373.4135, 373.4136, 373.414 FS.

LAW:

120.54(5), 120.60, 373.084, 373.085, 373.116, 373.118, 373.119, 373.171, 373.229, 373.2295, 373.308, 373.309, 373.323, 373.413, 373.4136, 373.414, 373.416, 373.418, 373.426 FS.

PRINT PUBLISH DATE:

7/16/2010 Vol. 36/28

COMMENTS:

From 7/16/2010 To 8/6/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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