Notice of Proposed Rule

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District
RULE NO.: RULE TITLE:
40D-1.1010: Point of Entry into Proceedings
PURPOSE AND EFFECT: The purpose of this rulemaking is to delete the requirement set forth in subsection 40D-1.1010(6), F.A.C., for certain permit applicants to publish notice of agency decision on their application. Based upon the Governor’s directive to identify and delete or amend rules that are no longer necessary, duplicative of statute or unduly burdensome, the District has determined to delete this requirement. The effect will be to make publication of notices of agency action voluntary for permittees.
SUMMARY: In accordance with Executive Order 11-72, the District’s Regulatory Plan for 2011-2012 identifies rulemaking proposals to eliminate unnecessary burdens, reduce costs and achieve other streamlining benefits for the regulated public. One of these initiatives is to delete the requirement set forth in subsection 40D-1.1010(6), F.A.C., for certain permit applicants to publish notice of agency decision on their application. The District will continue to advise permittees of the benefits of publishing notices of agency action, but such publication will be voluntary. This amendment will make the District’s procedural rules more consistent with those of the other water management districts and the Department of Environmental Protection.
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: There are no costs to the regulated public as a result of the proposed amendments. Therefore, this rulemaking will not result in any adverse economic impacts or regulatory cost increases that require legislative ratification.
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: 120.54(5), 373.044, 373.113 FS.
LAW IMPLEMENTED: 120.54(5), 120.60, 253.115, 373.079(4)(a), 373.083(5), 373.216, 373.219, 373.308, 373.309, 373.323, 373.413, 373.4136, 373.414, 373.416, 373.418, 373.421, 373.426, 373.427 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: Barbara Martinez, Office of General Counsel, 2379 Broad St., Brooksville, FL 34604-6899, (352)796-7211, (4660) (OGC #2011065)

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-1.1010 Point of Entry into Proceedings.

(1) through (5) No change.

(6) Applicants for individual permits and all other applicants required to publish notice of application receipt pursuant to Rule 40D-1.603, F.A.C., shall be required to publish at their expense written notice of a District decision on the application. The applicant shall cause the notice to be published as soon as possible after notification by the District of its intended action.

Rulemaking Authority 120.54(5), 373.044, 373.113 FS. Law Implemented 120.54(5), 120.60, 253.115, 373.079(4)(a), 373.083(5), 373.216, 373.219, 373.308, 373.309, 373.323, 373.413, 373.4136, 373.414, 373.416, 373.418, 373.421, 373.426, 373.427 FS. History– New 7-2-98, Amended 11-2-08, 11-2-09,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Martha Moore, Senior Attorney, Office of General Counsel
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 20, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 6, 2012