9258570, 40D-1.002 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 9258570

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

PROCEDURAL

Overview

RULE:

40D-1.002	Delegation of Authority
40D-1.1002	Variances and Waivers from Water Shortage Rules and Orders
40D-1.659	Forms and Instructions

PURPOSE:

This rulemaking is to adopt and incorporate by reference a Petition for Variance Form No. LEG-R.42.00-058(09/28/10) in Rule 40D-1.659, F.A.C., Forms and Instructions and in Rule 40D-1.1002, F.A.C. Variances from Water Shortage Rules. The Form will streamline processing of requests for relief from Chapters 40D-22 and 40D-21, F.A.C., and water shortage orders issued under Chapter 40D-21, F.A.C. This rulemaking also amends Rule 40D-1.002, F.A.C. to change the staff positions authorized to act on requests for a variance or waiver in order to reflect a recent realignment of the Demand Management Program that processes these requests.

SUMMARY:

This rulemaking adopts Petition for Variance Form No. LEG-R.42.00-058(09/28/10) in Rule 40D-1.659, Forms and Instructions and in Rule 40D-1.1002, Variances from Water Shortage Rules. The Petition for Variance Form will streamline for the District and petitioners the processing of requests for variances from Chapter 40D-21, F.A.C. and orders issued there under and Chapter 40D-22, F.A.C. The Form sets out in one place for petitioners the various circumstance and informational requirements for variances included in Section 120.542, F.S. Chapter 28-104, F.A.C., and District Rule 40D-1.1002, F.A.C. Pertinent information and examples of the information to be submitted, is also included. The Form establishes a format for petitioners to provide the information. Additionally, this rulemaking amends the Governing Board staff delegations to reflect the staff positions that are authorized to act on requests for variances and waivers from relief Chapter 40D-21, F.A.C. and orders issued there under and Chapter 40D-22, F.A.C. The amendments to the staff delegations reflect the organizational realignment of the Demand Management Program that processes petitions for variances and waivers. Those positions include the Executive Director, the Deputy Executive Director for Resource Regulation, the Tampa Regulation Director and the demand Management Program Manager. The proposed amendments remove from the staff delegation action on petitions pursuant to Rule 40D-21.441, F.A.C.

RULEMAKING AUTHORITY:

120.54(5), 373.044, 373.103, 373.113, 373.118, 373.149, 373.171, 373.219, 373.309, 373.337 FS.

LAW:

120.54(5), 253.002, 373.083, 373.103, , 373.116, 373.149, 373.171, 373.175, 373. 373.206, 373.207, 373.209, 373.216, 373.219, 373.223, 373.224, 373.226, 373.229, 373.239, 373.246, 373.306, 373.308, 373.309, 373.313, 373.323, 373.324, 373.413, 373.414, 373.416, 373.419, 373.421, 373.427, 373.705, 373.707, 668.50 FS.

PRINT PUBLISH DATE:

10/15/2010 Vol. 36/41

COMMENTS:

From 10/15/2010 To 11/5/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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