Notice of Proposed Rule

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District
RULE NO.: RULE TITLE:
40D-3.341: Suspension, Revocation and Cancellation of Permits
PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to amend Rule 40D-3.341, F.A.C., to allow a property owner or party in legal control of a property to request the District to administratively cancel a well construction permit, provided that no activity has taken place under the permit.
SUMMARY: The District requires applicants for well construction permits to have a current and valid Water Well Contractor’s License prior to issuance of a well construction permit. Rule 40D-3.341, F.A.C., provides that the District may administratively cancel a well construction permit upon the request of the permittee or the permittee’s authorized agent, provided no activity has taken place under the permit. As a result, property owners or parties in legal control of a property currently do not have the ability to request that the District administratively cancel a well construction permit. The proposed rule changes will amend Rule 40D-3.341, F.A.C., to allow a property owner or party in legal control of a property to request that the District administratively cancel a well construction permit, provided that no activity has taken place under the permit.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: This rulemaking will not result in increased costs to small businesses or other regulated entities as a result of the proposed amendments. Therefore, this rulemaking will not result in any adverse economic impacts or regulatory cost increases that require a Statement of Estimated Regulatory Costs or legislative ratification.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 373.044, 373.113, 373.171, 373.309, 373.337 FS.
LAW IMPLEMENTED: 373.306, 373.309, 373.313 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: The Southwest Florida Water Management District Human Resources Director, 2379 Broad Street, Brooksville, Florida 34604-6899; telephone (352)796-7211, ext. 4702 or 1(800)423-1476 (FL only), ext. 4702; TDD (FL only) 1(800)231-6103 or email to ADACoordinator@swfwmd.state.fl.us.. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sonya White, Office of General Counsel, Southwest Florida Water Management District, 7601 Highway 301 North, Tampa, FL 33637-6759, (813)985-7481 (4660) (OGC #2012022)

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-3.341 Suspension, Revocation and Cancellation of Permits.

(1) No change.

(2) The District may administratively cancel a permit:

(a) Uupon the request of the permittee or permittee’s authorized agent, and confirmation by the District that no activity has taken place under the permit; or.

(b) Upon the written request of the property owner or party in legal control of the subject property and confirmation by the District that no activity has taken place under the permit.

Rulemaking Specific Authority 373.044, 373.113, 373.171, 373.309, 373.337 FS. Law Implemented 373.306, 373.309, 373.313 FS. History–Readopted 10-5-74, Formerly 16J-3.11(4), Amended 7-1-90, 7-2-98, 2-1-05,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Christopher Pettit, Staff Attorney, Southwest Florida Water Management District
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 28, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 21, 2012