40D-1.002: Delegation of Authority
40D-1.1002: Variances from Water Shortage Rules (Chapter 40D-21, F.A.C.)
40D-1.659: Forms and Instructions
PURPOSE AND EFFECT: This rulemaking is to adopt and incorporate by reference a Petition for Variance Form No. LEG-R.42.00-058(09/28/10) in Rule 40D-1.659, F.A.C., Forms and Instructions and in Rule 40D-1.1002, F.A.C. Variances from Water Shortage Rules. The Form will streamline processing of requests for relief from Chapters 40D-22 and 40D-21, F.A.C., and water shortage orders issued under Chapter 40D-21, F.A.C. This rulemaking also amends Rule 40D-1.002, F.A.C. to change the staff positions authorized to act on requests for a variance or waiver in order to reflect a recent realignment of the Demand Management Program that processes these requests.
SUMMARY: This rulemaking adopts Petition for Variance Form No. LEG-R.42.00-058(09/28/10) in Rule 40D-1.659, Forms and Instructions and in Rule 40D-1.1002, Variances from Water Shortage Rules. The Petition for Variance Form will streamline for the District and petitioners the processing of requests for variances from Chapter 40D-21, F.A.C. and orders issued there under and Chapter 40D-22, F.A.C. The Form sets out in one place for petitioners the various circumstance and informational requirements for variances included in Section 120.542, F.S. Chapter 28-104, F.A.C., and District Rule 40D-1.1002, F.A.C. Pertinent information and examples of the information to be submitted, is also included. The Form establishes a format for petitioners to provide the information. Additionally, this rulemaking amends the Governing Board staff delegations to reflect the staff positions that are authorized to act on requests for variances and waivers from relief Chapter 40D-21, F.A.C. and orders issued there under and Chapter 40D-22, F.A.C. The amendments to the staff delegations reflect the organizational realignment of the Demand Management Program that processes petitions for variances and waivers. Those positions include the Executive Director, the Deputy Executive Director for Resource Regulation, the Tampa Regulation Director and the demand Management Program Manager. The proposed amendments remove from the staff delegation action on petitions pursuant to Rule 40D-21.441, F.A.C.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Statement of Estimated Regulatory Costs (SERC) describes the potential impacts associated with proposed revisions to Chapter 40D-1, F.A.C. The revisions to the Chapter: 1 analyzed in the SERC are 1) amendment to the list of staff positions to which the authority to take final agency action on petitions for variances and waivers is delegated by the Governing Board, 2) amendments to set forth a process for individuals seeking a variance from Chapter 40D-21, F.A.C., orders issued pursuant thereto and 3) incorporation by reference of Form No. LEG-R.42.00-058 (9/28/10) Petition for Variance, for users requesting a variance from the provisions of Chapter 40D-21, F.A.C., and orders issued pursuant thereto.
All individuals and entities who petition the District for a variance from Chapter 40D-21, F.A.C., or orders issued thereto, will be required to submit the Petition for Variance form. The information required in the form is consistent with what is currently required by rule. It is anticipated that the use of the standardized form will reduce the number and scope of District requests for additional information from the petitioner and allow the District to expedite actions to grant or otherwise deny the variance. The proposed revisions are not anticipated to incur additional transactional costs to individuals or entities and may reduce them by reducing the number of requests for additional information by the District. The proposed revisions are not anticipated to impose implementation or enforcement costs to the District or any other state or local government entity. The proposed revisions are not anticipated to have an adverse impact on small businesses, small counties or small cities.
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: 120.54(5), 373.044, 373.103, 373.113, 373.118, 373.149, 373.171, 373.219, 373.309, 373.337 FS.
LAW IMPLEMENTED: 120.54(5), 253.002, 373.083, 373.103, , 373.116, 373.149, 373.171, 373.175, 373. 373.206, 373.207, 373.209, 373.216, 373.219, 373.223, 373.224, 373.226, 373.229, 373.239, 373.246, 373.306, 373.308, 373.309, 373.313, 373.323, 373.324, 373.413, 373.414, 373.416, 373.419, 373.421, 373.427, 373.705, 373.707, 668.50 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: Pam Gifford, Office of General Counsel, 2379 Broad St., Brooksville, FL 34604-6899, (352)796-7211 (4156) (OGC #2010012)
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 Deputy Executive Director for Resource Regulation, the Tampa Regulation Director,
the Regulation Performance Management Director, the Regulation Program Director – WUP Program, and the Demand Management Program Manager Coordinator the authority to take final agency action on petitions for variances and waivers pursuant to Rules 40D-21.441, 40D-1.1002(5), and 40D-22.303, F.A.C.
(3) No change.
Rulemaking 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, 5-12-08, 12-7-09, 7-22-10,_________.
40D-1.659 Forms and Instructions.
The following forms and instructions have been approved by the Governing Board and are incorporated by reference into this chapter or into a specific District rule as indicated. Copies of these forms may be obtained from the District offices or the District’s website at www.watermatters.org.
(1) through (2) No change.
(a) through (d) No change.
(e) Petition For Variance, Form LEG-R.42.00-058 (09/28/10), incorporated by reference in subsections 40D-1.1002(1) and 40D-22.303, F.A.C.
Rulemaking Authority 373.044, 373.113, 373.149, 373.171, 373.337 FS. Law Implemented
373.0831(3), 373.116, 373.196(1), 373.1961(3), 373.206, 373.207, 373.209, 373.216, 373.219, 373.229, 373.239, 373.306, 373.308, 373.309, 373.313, 373.323, 373.324, 373.413, 373.414, 373.416, 373.419, 373.421, 373.705, 373.707, 668.50 FS. History–New 12-31-74, Amended 10-24-76, Formerly 16J-0.40, 40D-1.901, 40D-1.1901, Amended 12-22-94, 5-10-95, 10-19-95, 5-26-96, 7-23-96, 2-16-99, 7-12-99, 7-15-99, 12-2-99, 5-31-00, 9-3-00, 10-26-00, 6-26-01, 11-4-01, 6-12-02, 8-25-02, 2-26-03, 9-14-03, 9-30-04, 2-1-05, 6-5-05, 10-19-05(1) and (2), 10-19-05(5), 10-19-05(20), 2-6-07, 9-27-07, 11-11-07, 11-25-07, 1-8-08, 4-7-08, 5-12-08, 5-20-08, 8-19-08, 12-30-08, 3-26-09, 7-1-09, 8-30-09, 9-1-09, 10-26-09, 1-27-10, 4-27-10,________.
40D-1.1002 Variances from Water Shortage Rules and Orders. (Chapter 40D-21, F.A.C.)
(1) General – Users may request relief from the provisions of Chapter 40D-21, F.A.C., and orders issued pursuant thereto, by filing with the District a Petition For Variance, Form No. LEG-R.42.00-058(09/28/10), incorporated herein by reference and available upon request from the District
a petition for variance with the District. Relief from provisions of a local government ordinance imposing more severe restrictions shall be by petition to such local government.
(2) through (5) No change.
Specific Authority 120.54(5), 373.044, 373.113 FS. Law Implemented 120.54(5), 373.175, 373.246 FS. History–New 11-19-84, Amended 7-2-86, Formerly 40D-21.291, Amended 7-2-98,________.