5649588, 40D-2.091 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 5649588

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

WATER USE PERMITS

Overview

RULE:

40D-2.091	Publications and Forms Incorporated by Reference
40D-2.101	Content of Application

PURPOSE:

This rulemaking is part of a package of rule amendments to revise District procedures for providing notice of receipt of applications for water use permits and environmental resource permits and notice of agency action concerning such permit applications. The effect of the amendments proposed for Rules 40D-2.091 and 40D-2.101, F.A.C., will be to eliminate the requirement for water use permit applicants to submit with their applications the names and addresses of property owners located within specified distances of the proposed water use. A corresponding change is being made to the District’s Water Use Permit Information Manual Part B, Basis of Review, Section 1.7.

SUMMARY:

District rules concerning permit application noticing and agency action noticing have remained largely unchanged since their inception in the 1980’s. Current noticing rules do not reflect technological advances in disseminating information to the public, such as the internet and electronic mail. Special noticing practices have also evolved over the years, which are not required by statute and which can now be accomplished more efficiently through the District’s website. The District is proposing amendments to several rules to revise and update the District’s noticing procedures. Section 1.7 of the District’s Water Use Permit Information Manual Part B, Basis of Review (BOR) and Rule 40D-2.101, F.A.C., are amended to eliminate the requirement for water use permit applicants to submit the names and addresses of property owners located within certain distances of the proposed water use. BOR section 1.7 is also amended to reflect changes being made in Rule 40D-1.603, F.A.C., concerning notices of applications received by the District and notices of agency action on such applications. Rule 40D-2.091, F.A.C., is amended to incorporate by reference the revised BOR.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.118, 373.171 FS.

LAW:

373.036, 373.0361, 373.042, 373.0421, 373.0831, 373.116, 373.117, 373.118, 373.149, 373.171, 373.1963, 373.216, 373.219, 373.223, 373.229, 373.239, 373.243 FS.

PRINT PUBLISH DATE:

5/23/2008 Vol. 34/21

COMMENTS:

From 5/23/2008 To 6/13/2008 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.