31124892, 40E-7.511 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 31124892

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

MISCELLANEOUS PROVISIONS

Overview

RULE:

40E-7.511	Policy and Purpose
40E-7.539	Penalties

PURPOSE:

: During the 2025 legislative session, the Florida Legislature passed Senate Bill 108 (SB 108), which created section 120.5435, Florida Statutes (F.S.), and amended section 120.74, F.S.  As part of the new requirements under SB 108, each agency, in coordination with the Joint Administrative Procedures committee (JAPC), must review all of its existing rules by July 1, 2030.  To comply with these requirements, the District’s 2025-2026 Regulatory Plan included substantive changes to Rules 40E-7.511 and 40E-7.539, F.A.C., to ensure congruity with statutory authority by deleting language that paraphrases statutory provisions, deleting a statutory reference that is obsolete, and correcting a typographical error in rulemaking authority.

SUMMARY:

The South Florida Water Management District (“District”) is proposing the following three amendments: 1) delete subsection 373.59(11), F.S. referenced in Rule 40E-7.511, F.A.C.; 2) delete subsection 40E-7.511(2), F.A.C., because the language paraphrases subsection 373.1395(2), F.S., and remove the number (1) from the first paragraph; and 3) delete subsection 40E-7.539(1), F.A.C., because the language paraphrases section 373.609, F.S., and renumber paragraphs (2) and (3) as paragraphs (1) and (2). The District is also proposing to correct a typographical error in the rulemaking authority for Rule 40E-7.511, F.A.C., to reflect that section 279.101, F.S. should be section 259.101, F.S.

RULEMAKING AUTHORITY:

259.101, 373.044, 373.113, 373.171, F.S.

LAW:

259.101, 373.016, 373.056, 373.103, 373.129, 373.1391, 373.1395, 373.59, 373.609, 373.613, F.S.

PRINT PUBLISH DATE:

7/16/2026 Vol. 52/137

COMMENTS:

From 7/16/2026 To 8/6/2026 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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