House Bill 2071

    Florida House of Representatives - 2000                HB 2071

        By the Committee on Water & Resource Management and
    Representatives Alexander, Brummer, Kelly, Merchant, Cantens,
    Waters, Betancourt, Lee and Boyd




  1                      A bill to be entitled

  2         An act relating to rulemaking authority of

  3         water management districts; amending s.

  4         373.118, F.S.; authorizing water management

  5         district governing boards to delegate powers

  6         and duties pertaining to general permits to

  7         their executive directors; providing for

  8         execution of such delegated authority;

  9         providing for referral of certain denials to

10         the governing board for final action; providing

11         an effective date.

12

13  Be It Enacted by the Legislature of the State of Florida:

14

15         Section 1.  Section 373.118, Florida Statutes, is

16  amended to read:

17         373.118  General permits.--

18         (1)  The governing board may adopt rules establishing a

19  general permit system under this chapter for projects, or

20  categories of projects, which have, either singly or

21  cumulatively, a minimal adverse impact on the water resources

22  of the district. Such rules shall specify design or

23  performance criteria which, if applied, would result in

24  compliance with the conditions for issuance of permits

25  established in this chapter and district rules.

26         (2)  A general permit system relating to water use may

27  provide for the granting of permits for the use of water in

28  specified amounts within identified areas of the district.

29  General permits for water use shall be subject to all the

30  provisions of part II except the provisions of s. 373.229.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2071

    195-840-00






  1         (3)  In lieu of the publication of notice requirements

  2  of ss. 373.116, 373.229, and 373.413, the governing board may

  3  establish alternative notice requirements for general permits,

  4  which requirements take into account the nature and scope of

  5  the projects permitted and the effect the proposed activity

  6  may have on other persons.

  7         (4)  To provide for greater efficiency, the governing

  8  board may delegate by rule its powers and duties pertaining to

  9  general permits to the executive director.  The executive

10  director may execute such delegated authority through

11  designated staff.  However, when delegating the authority to

12  take final action on permit applications under part II or part

13  IV or petitions for variances or waivers of permitting

14  requirements under part II or part IV, the governing board

15  shall provide a process for referring any denial of such

16  application or petition to the governing board to take such

17  final action.

18         Section 2.  This act shall take effect upon becoming a

19  law.

20

21            *****************************************

22                          HOUSE SUMMARY

23
      Authorizes the governing board of a water management
24    district to delegate powers and duties pertaining to
      general permits, by rule, to the governing board's
25    executive director. Provides for execution of such
      delegated authority through designated staff. Requires
26    referral of certain denials relating to permit
      applications or waivers or variances under pt. II or pt.
27    IV of ch. 373, F.S., to the governing board for final
      action.
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