4314674, 40D-4.091 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 4314674

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

INDIVIDUAL ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40D-4.091

Publications, Forms and Agreements Incorporated by Reference (Transferred)

PURPOSE:

The purpose of the proposed amendment is to repeal the 2000 agreement between the District and the Florida Department of Agriculture and Consumer Services (FDACS), entered into to facilitate the resolution of disputed claims under Section 373.406(2), Florida Statutes (F.S.). The effect will be the application of a new agreement entered into by the five water management districts and FDACS in compliance with Section 373.407, F.S., and which will replace this District's existing agreement with FDACS, proposed for repeal.

SUMMARY:

In 2000 the District and the FDACS entered into an Agreement to facilitate the resolution of disputed claims under Section 373.406(2), F.S. In 2006, the Florida Legislature created Section 373.407, F.S., that requires FDACS and all the water management districts to enter into an agreement under which FDACS will conduct a nonbinding review of any existing or proposed activity to assist in a determination as to whether the activity qualifies for the exemption under Section 373.406(2), F.S. During the latter part of 2006 the five water management districts and FDACS negotiated an agreement that all parties agree complies with the requirements of Section 373.407, F.S. This new agreement will replace this District's existing agreement with FDACS, currently adopted by rule in Rule 40D-4.091, F.A.C. The proposed rule amendment repeals adoption of the 2000 agreement.

RULEMAKING AUTHORITY:

373.044, 373.046, 373.113, 373.171, 373.414 FS.

LAW:

373.0361, 373.114, 373.171, 373.403, 373.413, 373.414, 373.416, 373.429, 373.441 FS.

PRINT PUBLISH DATE:

7/6/2007 Vol. 33/27

COMMENTS:

From 7/6/2007 To 7/27/2007 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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