40D-1.002: Delegation of Authority
PURPOSE AND EFFECT: The purpose of the proposed amendments to subsection 40D-1.002(2), F.A.C., is to delegate to designated staff the authority to act on requests for variances and waivers to Chapters 40D-21, Water Shortage Plan, and 40D-22, F.A.C., Year-Round Water Conservation Measures in order to streamline the variance and waiver process and to correct certain staff titles.
SUMMARY: This rulemaking to amend subsection 40D-1.002(2), F.A.C., will delegate authority from the Governing Board to designated staff to act on requests for variances and waivers to Chapters 40D-21, F.A.C., Water Shortage Plan, and 40D-22, F.A.C., Year-Round Water Conservation Measures. The delegation will streamline the variance and waiver processes under those rule chapters. The rulemaking will add the Demand Management Coordinator and the Water Use Permit Program Director as staff authorized to grant variances and waivers and will also update the titles of staff positions already delegated authority to act on requests for variances and waivers from both rules, remove the reference to the Assistant Executive Director (a position that no longer exists) and replace the reference to the Records and Data Director with one for the head of the department that Records and Data has been merged into (Regulation Performance Management).
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 373.044, 373.103, 373.113, 373.118, 373.171, 373.219, 373.309 FS.
LAW IMPLEMENTED: 253.002, 373.083, 373.103, 373.149, 373.171, 373.175, 373.219, 373.223, 373.224, 373.226, 373.246, 373.308, 373.309, 373.427 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Karen A. Lloyd, Assistant Deputy Counsel, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4651
THE FULL TEXT OF THE PROPOSED RULE IS:
40D-1.002 Delegation of Authority.
(1) No change.
(2) The Governing Board delegates to the Executive Director, the Assistant Executive Director, the Deputy Executive Director for Resource Regulation, the Regulation Performance Management Director, the Regulation Program Director – WUP Program, and the Demand Management Coordinator Director of Records and Data the authority to take final agency action on petitions for variances and waivers pursuant to Rule 40D-21.441, F.A.C., subsection 40D-1.1002(5), F.A.C., and Rule 40D-22.303, F.A.C.
(3) No change.
Specific Authority 373.044, 373.103, 373.113, 373.118, 373.171, 373.219, 373.309 FS. Law Implemented 253.002, 373.083, 373.103, 373.149, 373.171, 373.175, 373.219, 373.223, 373.224, 373.226, 373.246, 373.308, 373.309, 373.427 FS. History–New 3-1-84, Amended 3-10-96, 7-22-99, 12-2-99, 9-26-02, 7-20-04, 10-19-05, 5-21-06, 7-13-06, 12-24-07,_________.