40C-4.091: Publications Incorporated by Reference
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment is to delete the requirement that mitigation banks include property tax costs as part of the financial responsibility mechanism covering mitigation bank costs, due to the amendment of Section 704.04(6), F.S., in the 2007 legislative session.
SUBJECT AREA TO BE ADDRESSED: The proposed rule amendment would delete the requirement in Section 12.4.8(j) of the Applicant’s Handbook: Management and Storage of Surface Waters, that the financial responsibility cost estimate for mitigation banks include property taxes.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.4136, 373.414 FS.
LAW IMPLEMENTED: 373.413, 373.4135, 373.4136, 373.414, 373.416, 373.429 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Norma Messer, Rules Coordinator, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, (386)329-4459, Suncom 860-4459, email nmesser@sjrwmd.com
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
40C-4.091 Publications Incorporated by Reference.
(1) The Governing Board hereby adopts by reference:
(a) Part I “Policy and Procedures,” Part II “Criteria for Evaluation,” subsections 18.0, 18.1, 18.2, and 18.3 of Part III and Appendix K “Legal Description Upper St. Johns River Hydrologic Basin,” “Legal Description Ocklawaha River Hydrologic Basin,” “Legal Description of the Wekiva River Hydrologic Basin,” “Legal Description of the Wekiva Recharge Protection Basin,” “Legal Description of the Wekiva Recharge Protection Basin,”: “Legal Description of the Econlockhatchee River Hydrologic Basin,” “Legal Description of the Sensitive Karst Areas Basin, Alachua County,” “Legal Description Tomoka River Hydrologic Basin,” “Legal Description Spruce Creek Hydrologic Basin,” “Legal Description of the Sensitive Karst Areas Basin, Marion County,” and “Legal Description of the Lake Apopka Hydrologic Basin,” and Appendix M “Regional Watersheds for Mitigation Banking,” of the document entitled “Applicant’s Handbook: Management and Storage of Surface Waters,” effective (effective date) July 1, 2007.
(b) through (d) No change.
(2) No change.
Specific Authority 369.318, 373.044, 373.046(4), 373.113, 373.4136, 373.414, 373.415, 373.416, 373.418, 373.421, 373.461 FS. Law Implemented 120.60, 369.316, 369.318, 373.016(2), 373.042, 373.0421, 373.046, 373.085, 373.086, 373.103, 373.109, 373.146(1), 373.406, 373.413, 373.4135, 373.4136, 373.414, 373.4141, 373.415, 373.416, 373.417, 373.418, 373.421(2)-(6), 373.423, 373.426, 373.461(3), 380.06(9), 403.813(2) FS. History–New 12-7-83, Amended 10-14-84, Formerly 40C-4.091, Amended 5-17-87, Formerly 40C-4.0091, Amended 8-20-87, 10-1-87, 10-11-87, 11-26-87, 8-30-88, 1-1-89, 8-1-89, 10-19-89, 4-3-91, 9-25-91, 11-12-91, 3-1-92, 7-14-92, 9-8-92, 9-16-92, 11-12-92, 11-30-92, 1-6-93, 1-23-94, 2-27-94, 11-22-94, 10-3-95, 8-20-96, 11-25-98, 12-3-98, 1-7-99, 1-11-99, 8-21-00, 7-8-01, 10-11-01, 4-10-02, 9-26-02, 3-7-03, 11-11-03, 2-1-05, 12-3-06, 7-1-07,__________.
APPLICANT’S HANDBOOK SECTION:
(a) through (e) No change.
(f) The District shall require additional documentation or actions from the grantor of the conservation easement or fee interest if such additionally documentation or actions are necessary to adequately protect the District’s interest in, or the integrity of, the mitigation bank.
(g) through (j) No change.
12.4.8 Financial Responsibility.
(a) through (i) No change.
(j) Cost estimates.
1. For the purposes of determining the amount of financial responsibility that is required in this section, the banker shall submit a detailed written estimate, in current dollars, of the total cost of construction and implementation, and of the cost of perpetual management of the mitigation bank. The written cost estimate shall be certified by a licensed professional whose license authority in the State of
2. The cost estimate for construction and implementation shall include all costs associated with completing construction and implementation of the mitigation bank, or phase thereof, including, as applicable, earthmoving, planting, exotic/nuisance vegetation removal, land surveying, structure installation, consultant fees, and taxes, monitoring activities and reports.
3. The cost estimate for the perpetual management of the mitigation bank shall be based on the costs of maintaining, operating, and replacing any structures, controlling nuisance or exotic species, fire management, consultant fees, monitoring activities and reports, taxes and any other costs associated with perpetual management. The amount of financial responsibility shall equal the cost of perpetual management for the bank, or, for banks constructed in phases for all phases for which credits have been released.
4. through 5. No change.
(k) through (l) No change.