Fla. Admin. Code R. 40D-1.002

Current through Reg. 50, No. 129; July 2, 2024

Section 40D-1.002 - Delegation of Authority

(1) The Board of Trustees of the Internal Improvement Trust Fund, pursuant to Rule 18-21.0051, F.A.C., has delegated to the Governing Board the authority to review and take final agency action on certain applications to use state-owned lands. Rule 18-21.0051, F.A.C., also provides that the Governing Board may delegate review and decision making authority to District staff. Therefore, the Governing Board further delegates this authority to the Executive Director, the Assistant Executive Director, the Division Director for Regulation, and the Environmental Resource Permit Bureau Chief, or the Regulation Managers, when an application to use state-owned lands involves an activity which is reviewed pursuant to individual and the general permit procedures of Chapter 62-330, F.A.C., and Chapters 40D-4 and 40D-40, F.A.C., for environmental resource permits grandfathered pursuant to Section 373.4131(4), 373.414(11), (12)(a), (13), (14), (15), or (16), F.S.

(2) The Governing Board delegates to the Executive Director, the Assistant Executive Director, the Division Director for Regulation, the Water Use Permit Bureau Chief, and the Demand Management Program Manager the authority to take final agency action on petitions for variances and waivers pursuant to Rule 40D-22.303, F.A.C.

(3) The Governing Board hereby incorporates by reference the following documents:

(a) Well Construction Permitting Agreement Between the Southwest Florida Water Management District and Manatee County, effective June 1, 2021, available at (https://www.flrules.org/Gateway/reference.asp?No=Ref-13890).

(b) Well Construction Permitting Agreement Between the Southwest Florida Water Management District and Sarasota County, effective June 1, 2021, available at (https://www.flrules.org/Gateway/reference.asp?No=Ref-13892).

(c) Well Construction Permitting Agreement Between the Southwest Florida Water Management District and Florida Department of Health, effective June 1, 2021, available at (https://www.flrules.org/Gateway/reference.asp?No=Ref-13891).

Fla. Admin. Code Ann. R. 40D-1.002

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.

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, 12-7-10, 12-4-11, Amended by Florida Register Volume 40, Number 117, June 17, 2014, effective 6/29/2014, Amended by Florida Register Volume 41, Number 022, February 3, effective 2/18/2015, Amended by Florida Register Volume 42, Number 174, September 7, 2016 effective 9/20/2016, Amended by Florida Register Volume 47, Number 222, November 16, 2021 effective 11/28/2021.

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, 12-7-10, 12-4-11, 6-29-14, 2-18-15, 9-20-16, 11-28-21.