Notice of Proposed Rule

WATER MANAGEMENT DISTRICTS
Suwannee River Water Management District
RULE NO.: RULE TITLE:
40B-9.1381: Prohibited Activities
PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to revise this Land Management Rule to conform with recently enacted legislation, Chapter 2011-109, Laws of Florida (HB 45), which has expressly preempted the regulation of firearms and ammunition in Florida. District staff proposes amendments to the rule to eliminate any reference to firearms within this rule.
SUMMARY: Land Management Rules.
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 has determined no SERC is required because no regulatory cost is associated with this proprietary rule or its repeal. The rule governs access to District property and is not regulatory in nature. There are no permits, licenses, or fees associated with this rule. There is neither a cost nor an exemption from cost associated with this rule. The repeal of this rule is therefore not expected to require legislative ratification pursuant to subsection 120.541(3), Florida Statutes. The repeal of this rule is, however, subject to legislative review pursuant to subsection 373.1391(6), Florida Statutes.
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, 373.083, 373.1391 FS.
LAW IMPLEMENTED: 373.056, 373.096, 373.099, 373.1391, 373.1401 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: Linda Welch, GB Coordinator-Paralegal, SRWMD, 9225 C.R. 49, Live Oak, Florida 32060, (386)362-1001 or (800)226-1066 (FL only)

THE FULL TEXT OF THE PROPOSED RULE IS:

40B-9.1381 Prohibited Activities.

(1) through (12) No change.

(13) The use of firearms, archery equipment, animal traps, or other similar devices on District lands is prohibited unless specifically authorized for:

(a) Hunting activities as authorized under paragraph 40B-9.131(3)(j), F.A.C., above;

(b) District initiated land management activities; or

(c) A use specifically authorized by the District through a Special Use Authorization issued under Rule 40B-9.1411, F.A.C.

The possession of firearms or other similar devices on District lands must comply with Chapter 790, F.S.

(14) through (19) No change.

Rulemaking Authority 373.044, 373.083, 373.1391 FS. Law Implemented 373.056, 373.096, 373.099, 373.1391, 373.1401 FS. History–New 5-31-09, Amended 7-21-10,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Jon Dinges, Department Director, SRWMD, 9225 C.R. 49, Live Oak, Florida 32060, (386)362-1001 or (800)226-1066 (FL only)
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governing Board of the Suwannee River Water Management District
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 09, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 9, 2011