7858472, 40A-4.041 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 7858472

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

Northwest Florida Water Management District

Chapter:

MANAGEMENT AND STORAGE OF SURFACE WATERS

Overview

RULE:

40A-4.041	Permit Required (Repealed)
40A-4.061	Mitigation Banks (Repealed)
40A-4.091	Processing of Permits (Repealed)
40A-4.142	Headgates, Valves, and Measuring Devices (Repealed)
40A-4.143	Abandonment (Repealed)
40A-4.301	Conditions for Issuance of Permits (Repealed)
40A-4.331	Revocation and Modification of Permits (Repealed)
40A-4.461	Inspection (Repealed)
40A-4.481	Remedial and Emergency Measures (Repealed)
40A-4.901	Forms and Instructions (Repealed)

PURPOSE:

The overall purpose of the proposed rule development is to clarify rule language. The majority of the anticipated changes will address concerns expressed by the Joint Administrative Procedures Committee that the use of the word “may” could be construed as a granting of un-bridled discretion to the Governing Board or the Executive Director. The effect of the proposed amendments will be to clarify and simplify rule language.

SUBJECT:

Regulation of “Management and Storage of Surface Waters” projects.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.118, 373.406, 373.418 FS.

LAW:

373.042, 373.0421, 373.046, 373.083, 373.116, 373.118, 373.406, 373.409, 373.413, 373.4135, 373.4136, 373.4137, 373.4141, 373.416, 373.417, 373.418, 373.423, 373.426, 373.427, 373.429, 373.436, 373.439 FS.

PRINT PUBLISH DATE:

10/30/2009 Vol. 35/43

RELATED STATUTES
AND LAWS:

373.044, 373.113, 373.118, 373.406, 373.418 FS., 373.042, 373.0421, 373.046, 373.083, 373.116, 373.118, 373.406, 373.409, 373.413, 373.4135, 373.4136, 373.4137, 373.4141, 373.416, 373.417, 373.418, 373.423, 373.426, 373.427, 373.429, 373.436, 373.439 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=40A-4.041&PDate=10/30/2009&Section=1

REFERENCE MATERIALS:

No reference(s).

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