Notice of Proposed Rule

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District
RULE NO: RULE TITLE
40D-24.001: Policy and Purpose
40D-24.010: Definitions
40D-24.020: Incentive Program
40D-24.030: Incentive Program - Qualifying
PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to repeal Chapter 40D-24, F.A.C., which established the District’s Xeriscape Incentive Program.
SUMMARY: Chapter 40D-24, F.A.C., sets forth an incentive program adopted in 1992 that encouraged local governments within the District to adopt ordinances to promote xeriscape landscaping, or landscaping practices that conserves water and protects the environment by using site appropriate plants, efficient watering, proper planning and design and proper maintenance. These practices are now generally regarded as “Florida-friendly” landscape principles. Effective July 1, 2009, the Florida Legislature enacted Chapter 2009-243, Laws of Florida, which sets forth the principles of Florida-friendly Landscaping. ™ The legislation requires water management districts to implement an incentive program to encourage local governments to adopt landscape ordinances that promote water conservation and includes criteria for participation in such programs as well as specific landscaping principles to be promoted. This renders the District’s Chapter 40D-24, F.A.C, as redundant and unnecessary.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.185 FS.
LAW IMPLEMENTED: 373.185 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Martha Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4651

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-24.001 Policy and Purpose

Rulemaking Specific Authority 373.044, 373.113, 373.185 FS. Law Implemented 373.185 FS. History–New 8-23-92, Repealed________.

 

40D-24.010 Definitions.

Rulemaking Specific Authority 373.044, 373.113, 373.185 FS. Law Implemented 373.185 FS. History–New 8-23-92, Repealed________.

 

40D-24.020 Incentive Program.

Rulemaking Specific Authority 373.044, 373.113, 373.185 FS. Law Implemented 373.185 FS. History–New 8-23-92, Repealed________.

 

40D-24.030 Incentive Program – Qualifying.

Rulemaking Specific Authority 373.044, 373.113, 373.185 FS. Law Implemented 373.185 FS. History–New 8-23-92, Repealed________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Martha Moore
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 29, 2009