40D-4.091: Publications and Agreements Incorporated by Reference
PURPOSE AND EFFECT: The proposed revision provides a reference to an additional section of the Environmental Resource Permit (ERP) application form in the relevant sections of the ERP Basis of Review. The effect will be to require that applicants proposing a homeowners’ or property owners’ association as the operation and maintenance entity for a surface water management system are required to submit the new form.
SUMMARY: Section 2.6.2 of the Basis of Review (BOR) for Environmental Resource Permitting Information Manual details the requirements for homeowners' association, property owners’ association or master association documents when such an entity will become the surface water system operation and maintenance entity. The proposed amendments provide a reference to Section K of the Joint Application For: Environmental Resource Permit/Authorization to use State Owned Submerged Lands/Federal Dredge and Fill Permit which is concurrently being adopted in Rule 40D-1.659, F.A.C. The new form provides the means by which applicants will be required to identify the location in association documents of language that ensures compliance with the requirements of Section 2.6.2 of the BOR. The BOR is adopted by reference in Rule 40D-4.091, F.A.C.
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, 373.046, 373.113, 373.171, 373.414 FS.
LAW IMPLEMENTED: 373.0361, 373.114, 373.171, 373.403, 373.413, 373.414, 373.416, 373.429, 373.441 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 E. West, Deputy General 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-4.091 Publications and Agreements Incorporated by Reference.
The following documents are hereby incorporated into this chapter and Chapters 40D-40 and 40D-400, F.A.C.:
(1) Environmental Resource Permitting Information Manual Part B, Basis of Review, Environmental Resource Permit Applications within the Southwest Florida Water Management District,_________September 25, 2007. This document is available from the District upon request.
(2) through (4) No change.
Specific Authority 373.044, 373.046, 373.113, 373.171, 373.414 FS. Law Implemented 373.0361, 373.114, 373.171, 373.403, 373.413, 373.414, 373.416, 373.429, 373.441 FS. History–New 4-2-87, Amended 3-1-88, 9-11-88, 10-1-88, 4-1-91, 11-16-92, 1-30-94, 10-3-95, 12-26-95, 5-26-96, 7-23-96, 4-17-97, 4-12-98, 7-2-98, 12-3-98, 7-28-99, 8-3-00, 9-20-00, 6-12-01, 10-11-01, 2-27-02, 7-29-02, 3-26-03, 7-23-03, 8-3-03, 3-11-04, 6-7-04, 2-1-05, 6-30-05, 10-19-05, 2-8-06, 5-2-06, 7-1-07, 9-25-07, 11-26-07,________.
ERP Information Manual
Part B, Basis of Review
Chapter Two – Administrative Criteria
2.0-2.4 No change.
2.6 Legal Operation and Maintenance Entity Requirements
2.6.1 No change.
2.6.2 Operation and Maintenance Entity Documentation Requirements
2.6.2.1 No change.
2.6.2.2 Requirements for Associations
2.6.2.2.1 If a homeowners’ association, property owners’ association or master association is proposed, the applicant shall submit, with the permit application, Section K, Supplemental Information for Homeowner or Property Owner Associations Documents, draft copies of the articles of incorporation for the association, the declaration of protective covenants or deed restrictions, and a reference map or plat if referred to in the documents. Copies of these documents in their final form shall be submitted either: (1) within 180 days after beginning construction or with the Statement of Completion and as-built construction plans if construction is completed prior to 180 days, or (2) prior to lot or parcel sales, whichever occurs first. Where there will be a delayed transfer to the association, a copy of the association’s articles of incorporation in final form shall be submitted to the District prior to transfer of operation and maintenance responsibility to the association. “Final form” as applied to the articles of incorporation for the association means the document as filed with the Florida Department of State, Division of Corporations, including the certificate of incorporation. “Final form” as applied to the declaration of protective covenants or deed restrictions means the document as recorded in the official records for the county where the project is located, including the clerk of court’s official record book and page numbers. The final documents shall be the same as the draft documents approved by the District during the permit application review process with respect to the provisions required pursuant to sections 2.6.2.2.4, 2.6.2.2.5, and 2.6.2.2.6. The District’s approval of any proposed changes to the final documents regarding these provisions must be obtained in writing prior to their inclusion in the final documents.
2.6.2.2.2 If a condominium association is proposed, the applicant shall submit, with the permit application, Section K, Supplemental Information for Homeowner or Property Owner Associations Documents, draft copies of the articles of incorporation for the association and the declaration of condominium. The applicant shall also submit a copy of the acceptance letter from the Department of Business and Professional Regulation, Division of Florida Land Sales, Condominiums and Mobile Homes, stating that the documents are proper for filing. Copies of these documents in their final form shall be submitted either: (1) within 180 days after beginning construction or with the Statement of Completion and as-built construction plans if construction is completed prior to 180 days, or (2) prior to unit sales, whichever occurs first. Where there will be a delayed transfer to the association, a copy of the association’s articles of incorporation in final form shall be submitted prior to transfer of operation and maintenance responsibility to the association. “Final form” as applied to the articles of incorporation for the association means the document as filed with the Florida Department of State, Division of Corporations, including the certificate of incorporation. “Final form” as applied to the declaration of condominium means the document as recorded in the official records for the county where the project is located, including the clerk of court’s official record book and page numbers. The final documents shall be the same as the draft documents approved by the District during the permit application review process with respect to the provisions required pursuant to sections 2.6.2.2.4, 2.6.2.2.5, and 2.6.2.2.6. The District’s approval of any proposed changes to the final documents regarding these provisions must be obtained in writing prior to their inclusion in the final documents.
2.6.2.2.3 – 2.6.2.2.7 No change.
2.6.2.3 Requirements for Small Subdivisions with the Lot Owners as the Operation and Maintenance Entity – The declaration of protective covenants or deed restrictions for residential subdivisions consisting of 10 lots or less and for which the lot owners are proposed as the operation and maintenance entity shall contain the provisions in subsections 2.6.2.2.5 “a,” “c,” “h,” and “i,” and the following additional provisions:
a. The surface water management system facilities are located on land that is designated common property on the plat or are located on land that is subject to an easement in favor of all of the lot owners within the subdivision.
b. The permittee shall be responsible for operation and maintenance of the surface water management system facilities until the first successful reinspection conducted pursuant to the Environmental Resource Permit. The transfer of responsibility to the lot owners will not be effective until the District approves the transfer in writing.
c. The lot owners shall be jointly and severally responsible for operation and maintenance of the surface water management system facilities after the first successful reinspection.
d. Operation and maintenance, and reinspection reporting shall be performed in accordance with the terms and conditions of the Environmental Resource Permit.
e. The District has the right to take enforcement measures, including a civil action for injunction and/or penalties, against any lot owner(s) to compel such lot owner(s) to correct any outstanding maintenance problems with the surface water management system facilities.
The applicant shall submit, with the permit application, Section K, Supplemental Information for Homeowner or Property Owner Association Documents, a draft copy of the declaration of protective covenants or deed restrictions, and a reference map or plat if referred to in the document. A copy of the declaration of protective covenants or deed restrictions in its final form shall be submitted, either: (1) within 180 days after beginning construction or with the Statement of Completion and as-built construction plans if construction is completed prior to 180 days or (2) prior to lot sales, whichever occurs first. “Final form” as applied to the declaration of protective covenants or deed restrictions means the document as recorded in the official records for the county where the project is located, including the clerk of court’s official record book and page numbers. The final documents shall be the same as the draft documents approved by the District during the permit application review process with respect to the provisions required pursuant to this section. The District’s approval of any proposed changes to the final documents regarding these provisions must be obtained in writing prior to their inclusion in the final documents.
2.6.3 No change.
2.7-2.8 No change.