6502412, 40B-9.011 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 6502412

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Suwannee River Water Management District

Chapter:

WATER MANAGEMENT LANDS ACQUISITION PROCEDURES

Overview

RULE:

40B-9.011	Policy and Purpose
40B-9.021	Definitions
40B-9.031	Selection of Lands - Five Year Plan (Repealed)
40B-9.041	Acquisition Procedures - Negotiations
40B-9.042	Inholding and Addition Property (Repealed)
40B-9.045	Acquisition Procedures - Condemnation (Repealed)
40B-9.051	Surveys (Repealed)
40B-9.061	Appraisals (Repealed)
40B-9.065	Disclosure of Beneficial Interest (Repealed)
40B-9.071	Use of Trust Fund (Repealed)
40B-9.081	Disposition of Surplus Real Property (Repealed)
40B-9.111	Funding of the District Lands Management Program (Repealed)
40B-9.121	Conceptual Management Plans for District Lands (Repealed)
40B-9.122	Resource Management Plans for District Lands (Repealed)
40B-9.123	Additional Definitions (Repealed)
40B-9.125	Scope and Applicability
40B-9.126	Access to District Lands
40B-9.131	Public Use of District Lands
40B-9.132	Public Vehicle Use (Repealed)
40B-9.133	Possession and Use of Firearms, Archery Equipment, Trapping Devices and Free-running Hunting Dogs (Repealed)
40B-9.134	Trespass after Notice (Repealed)
40B-9.138	Other Prohibited Activities (Repealed)
40B-9.1381	Prohibited Activities
40B-9.141	Special Use Licenses (Repealed)
40B-9.1411	Special Use Authorizations
40B-9.142	Easements
40B-9.145	Leases
40B-9.151	Closure of District Lands
40B-9.161	Violations
40B-9.320	Conflicting Rules

PURPOSE:

The proposed amendments to Chapter 40B-9 of the Florida Administrative Code (“F.A.C.”) are intended to provide information to landowners and professionals concerning the procedures followed by the Suwannee River Water Management District (“District”) to evaluate and acquire ownership interests in real property pursuant to Chapter 373, Florida Statutes (“F.S.”), for water resource conservation and related purposes. In addition, the proposed amendments include changes to Chapter 40B-9, F.A.C., designed to inform the public of the regulations authorized by Chapter 373, F.S., and applicable to the public’s use of District-owned lands such as specific uses prohibited and those allowed, and uses that require a special use authorization from the District.

SUMMARY:

The proposed amendments to Chapter 40B-9, F.A.C., divide the chapter into two parts – Part I addresses land acquisition and Part II addresses land management. The proposed amendments are a comprehensive revision of Chapter 40B-9, F.A.C., which has not been substantially revised since 1993. Much of the existing language is proposed to be revised or repealed, while the concepts are incorporated into either existing or new sections.
The changes proposed in Part I revise Rule 40B-9.011, F.A.C., to clarify the District’s authority and responsibility to acquire and manage real property interests consistent with Chapter 373, F.S. Many definitions of key terms used in the chapter are added to Rule 40B-9.021, F.A.C., and several existing definitions are revised. The proposed amendments substantially revise Rule 40B-9.041, F.A.C., to codify land acquisition informational requirements, purchase criteria, and procedures that landowners and the District follow during the acquisition process. The acquisition of “in-holding and addition property” by the District, which tends to involve smaller acreages of land, is separately addressed in a new section. Other proposed changes to Part I revise existing language that addresses the District’s eminent domain authority and the process, the required disclosure of beneficial interests under Section 286.23, F.S., and the disposition of surplus District land.
The changes proposed in Part II include new additional definitions of key terms used, a new section describing the scope and applicability of this part, and a new section titled “Access to District Lands.” However, the heart of Part II is the revised section that sets forth the specific activities allowed on District lands and the specific restrictions on those allowed uses, and two new sections that set forth the specific activities prohibited on District lands and those that may be authorized by a District-issued special use authorization. Part II also includes two other new sections – one proposed to govern requests for rights-of-way and the other addresses conflicting rules. Finally, the proposed changes revise existing language concerning long and short term closures of District lands and penalties for violating the use regulations.

RULEMAKING AUTHORITY:

373.026, 373.044, 373.056, 373.069, 373.0693, 373.073, 373.079, 373.083, 373.103, 373.113, 373.139, 373.1391, 373.171, 373.59, 373.613 FS.

LAW:

259.01, 259.105, 373.013, 373.089, 373.103, 373.139, 373.1391, 373.1961, 373.59, 373.613 FS.

PRINT PUBLISH DATE:

12/12/2008 Vol. 34/50

COMMENTS:

From 12/12/2008 To 1/2/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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