40E-0.105: Consideration of Intended Agency Decision on Permit Applications
40E-0.109: Point of Entry Into Proceedings and Mediation
PURPOSE AND EFFECT: The South Florida Water Management District (District) proposes to: 1) amend Rule 40E-0.105, Florida Administrative Code (F.A.C.), to allow for additional noticing through electronic media; and 2) amend Rule 40E-0.109, F.A.C., which inadvertently omitted the language allowing for electronic noticing when the original noticing provisions were enacted.
SUBJECT AREA TO BE ADDRESSED: 1) Electronic noticing of notices of intent; 2) and “Receipt of written notice of agency decision” as defined in the Exceptions to the Unform Rules to include electronic noticing.
SPECIFIC AUTHORITY: 120.54(5), 120.60, 373.044, 373.113, 668.003, 668.004, 668.50 FS.
LAW IMPLEMENTED: 120.54(5), 120.569, 120.57, 120.60, 373.146, 373.413, 373.427, 668.003, 668.004, 668.50 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
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 2 days before the workshop/meeting by contacting: Although Governing Board meetings, hearings and workshops are normally recorded, affected persons are advised that it may be necessary for them to ensure that a verbatim record of the proceeding is made, including the testimony and evidence upon which any appeal is to be based. Persons with disabilities or handicaps who need assistance may contact District Clerk, at (561)686-8800 at least two business days in advance to make appropriate arrangements. 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, IF AVAILABLE, IS: Anita R. Bain, Division Director, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, Florida 33406, (561)682-6866, email abain@sfwmd.gov. For any procedural matters, you may contact Charron A. Follins, Senior Paralegal, Office of Counsel, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, Florida 33406, (561)682-6293, email cfollins@sfwmd.gov.
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
40E-0.105 Consideration of Intended Agency Decision on Permit Applications.
(1) No change.
(2) The Governing Board shall consider the application for a conceptual approval, individual environmental resource, individual surface water management, or individual water use permit application at its next available regularly scheduled regulatory meeting following the mailing either by regular United States mail or electronic mail of notice of intended agency decision, unless an administrative hearing is requested and granted pursuant to Section 120.569, F.S.
(3) No change.
(4) Because the Governing Board may take a final agency action which materially differs from the noticed intended agency action, applicants and other interested persons should be prepared to defend their position regarding the permit application when it is considered by the Governing Board. If the Governing Board takes final agency action which materially differs from the intended agency decision, the District shall mail a notice of the final agency action either by regular United States mail or electronic mail to all persons who were notified of the intended agency decision.
Specific Authority 120.54(5), 120.60, 668.003, 668.004, 668.50 FS. Law Implemented 120.54(5), 120.60, 668.003, 668.004, 668.50 FS. History–New 7-2-98, Amended ________.
40E-0.109 Point of Entry Into Proceedings and Mediation.
Point of entry into proceedings determining substantial interests are governed by Rule 28-106.111, F.A.C., and this section.
(1)(a) “Receipt of written notice of agency decision” as set forth in Rule 28-106.111, F.A.C., means receipt of either written notice through regular United States mail, or electronic mail, or posting that the District has or intends to take final agency action, or publication of notice that the District has or intends to take final agency action.
(b) If notice is published pursuant to this chapter, publication shall constitute constructive notice to all persons. Until notice is published, the point of entry to request a formal or informal administrative proceeding shall remain open unless actual notice is received.
(2) through (3) No change.
Specific Authority 120.54(5), 373.044, 373.113, 668.003, 668.004, 668.50 FS. Law Implemented 120.54(5), 120.569, 120.57, 120.60, 373.146, 373.413, 373.427, 668.003, 668.004, 668.50 FS. History– New 7-2-98, Amended 6-12-00, ________.