9952896, 40D-9.290 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 9952896

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

DISTRICT LAND USE RULES

Overview

RULE:

40D-9.290	Use or Possession of Alcoholic Beverages on District Lands Prohibited
40D-9.320	Conflicting Rules

PURPOSE:

The proposed rule amendment to Rule 40D-9.290, F.A.C. will allow for the sale and consumption of alcoholic beverages on Southwest Florida Water Management District (District) lands that are cooperatively managed by other agencies or local governments when certain specified conditions are met. The proposed amendments to Rule 40D-9.320, F.A.C. will clarify that the District’s land use rules apply on cooperatively managed District land unless specifically addressed in the cooperative land management agreement between the District and the managing agency or local government.
Currently, Rule 40D-9.290, F.A.C. prohibits use of alcoholic beverages on District lands under all circumstances. The proposed rule allows for sale and use of alcoholic beverages on District lands when the land is cooperatively managed by another agency or local government and that agency or local government has adopted an ordinance or rule that allows for the use and sale of alcoholic beverages in parks or facilities owned and managed by that agency or local government and makes a request to the District in writing. The District will deny requests for the use and sale of alcoholic beverages if the requesting agency or local government’s rule or ordinance does not require $1,000,000 liquor liability insurance and the agency or local government does not agree to indemnify the District and hold the District harmless of any claims of liability from events authorized by the agency or local government at which alcoholic beverages are sold or used on District land.

SUMMARY:

Rule 40D-9.320, F.A.C., clarifies that District Land Use Rules shall apply if there is a conflict with rules of an agency or local government that is in a cooperative land management agreement with the District, unless the agreement addresses a specific land use, then the terms of the agreement apply.

RULEMAKING AUTHORITY:

373.044, 373.113 FS.

LAW:

373.1391, 373.59 FS.

PRINT PUBLISH DATE:

5/27/2011 Vol. 37/21

COMMENTS:

From 5/27/2011 To 6/17/2011 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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