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Florida Administrative WeeklyDATE PROPOSED RULE APPROVED BY AGENCYHEAD: June 10, 2009DATE NOTICE OF PROPOSED RULE DEVELOPMENTPUBLISHED IN FAW: August 14, 2009STATE BOARD OF ADMINISTRATIONFlorida Prepaid Postsecondary Education Expense BoardRULE NO.:RULE TITLE:19B-16.002Application for Participation in theProgramPURPOSE AND EFFECT: This rule is amended to reflect theupdated form for the Florida Prepaid College Plan and FloridaCollege Investment Plan New Account Application.SUMMARY: This rule change is being made to update theFlorida Prepaid College Plan and Florida College InvestmentPlan New Account Y COSTS: No Statement of EstimatedRegulatory Cost was prepared.Any person who wishes to provide information regarding astatement of estimated regulatory costs, or provide a proposalfor a lower cost regulatory alternative must do so in writingwithin 21 days of this notice.RULEMAKING AUTHORITY: 1009.971(1), (4), (6) FS.LAW IMPLEMENTED: 1009.981 FS.IF REQUESTED WITHIN 21 DAYS OF THE DATE OFTHIS NOTICE, A HEARING WILL BE HELD AT THEDATE, TIME AND PLACE SHOWN BELOW (IF NOTREQUESTED, THIS HEARING WILL NOT BE HELD):DATE AND TIME: September 14, 2009, 2:00 p.m.PLACE: Suite 210, Hermitage Building, 1801 HermitageBoulevard, Tallahassee, FloridaPursuant to the provisions of the Americans with DisabilitiesAct, any person requiring special accommodations toparticipate in this workshop/meeting is asked to advise theagency at least 5 days before the workshop/meeting bycontacting: fax a written request for same to Thomas J.Wallace, Executive Director, 1801 Hermitage Boulevard, Suite210, Tallahassee, FL 32308 at (850)488-3555. If you arehearing or speech impaired, please contact the agency using theFlorida Relay Service, 1(800)955-8771 (TDD) or1(800)955-8770 (Voice).THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULE IS: Thomas J. Wallace, ExecutiveDirector, 1801 Hermitage Boulevard, Suite 210, Tallahassee,Florida 32308, telephone (850)488-8514THE FULL TEXT OF THE PROPOSED RULE IS:19B-16.002 Application for Participation in the Program.(1) No change.3962 Section II - Proposed RulesVolume 35, Number 33, August 21, 2009(2) The Florida Prepaid College Plan and Florida CollegeInvestment Plan New Account Application, Form No. FPCB2009-10a 2009-10, is hereby incorporated by reference. Theform may be obtained from the Board by calling(800)552-GRAD (4723) (prompt 1).(3) No change.Rulemaking Specific Authority 1009.971(1), (4), (6) FS. LawImplemented 1009.981 FS. History–New 11-27-02, Amended1-29-04, 12-28-04, 6-2-05, 12-20-05, 1-1-07, 11-27-07 11-18-08,1-28-09, 4-5-09, .NAME OF PERSON ORIGINATING PROPOSED RULE:Florida Prepaid College BoardNAME OF AGENCY HEAD WHO APPROVED THEPROPOSED RULE: Florida Prepaid College BoardDATE PROPOSED RULE APPROVED BY AGENCYHEAD: June 10, 2009DATE NOTICE OF PROPOSED RULE DEVELOPMENTPUBLISHED IN FAW: August 14, 2009WATER MANAGEMENT DISTRICTSSuwannee River Water Management DistrictRULE NOS.:RULE TITLES:40B-1.703Procedures for Consideration ofPermit Applications40B-1.709Suspension, Revocation, andModification of District PermitsPURPOSE AND EFFECT: The purpose of the proposed rule isto revise the above sections of Chapter 40B-1, F.A.C., so thatthey are consistent with changes being proposed to Chapter40B-2, F.A.C.SUMMARY: This proposed rule will revise existing rulelanguage for consistency with Chapter 40B-2, F.A.C., toinclude a new type of water use permit – a general permit byrule. The proposed rule also revises permit suspension,revocation, and modification language for consistency withChapter 120, Florida Statutes, and Rule 28-106.2015, F.A.C.,of the Uniform Rules of Procedure.SUMMARYOFSTATEMENTOFESTIMATEDREGULATORY COSTS: No Statement of EstimatedRegulatory Cost was prepared.Any person who wishes to provide information regarding astatement of estimated regulatory costs, or provide a proposalfor a lower cost regulatory alternative must do so in writingwithin 21 days of this notice.RULEMAKING AUTHORITY: 373.044, 383.083, 373.113,373.118, 373.171, 373.4141 FS.LAW IMPLEMENTED: 120.53, 120.57, 120.59, 120.60,373.084, 373.085, 373.086, 373.106, 373.116, 373.118,373.119, 373.229, 373.313, 373.413, 373.416, 373.426,373.429 FS.

Florida Administrative WeeklyIF REQUESTED WITHIN 21 DAYS OF THE DATE OFTHIS NOTICE, A HEARING WILL BE SCHEDULED ANDANNOUNCED IN THE FAW.THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULES IS: Linda Welch, Rules Coordinator,Suwannee River Water Management District, 9225 C.R. 49,Live Oak, Florida 32060, (386)362-1001 or (800)226-1066(FL only)THE FULL TEXT OF THE PROPOSED RULES IS:40B-1.703 Procedures for Consideration of PermitApplications.(1)(a) through (c) No change.(d) Minor use permits by rule, as defined in Rule40B-2.041, F.A.C., are a category of general permits foractivities which have established standards and conditions forissuance of permits in district rules. A permit application is notrequired for any use that meets the requirements of Rule40B-4.041, F.A.C., and is thereby considered to be an existinglegal user of water.(2) through (3) No change.Rulemaking Specific Authority 373.044, 373.083, 373.113, 373.118,373.171, 373.4141 FS. Law Implemented 120.57, 120.59, 120.60,373.084, 373.085, 373.086, 373.106, 373.116, 373.118, 373.229,373.313, 373.413, 373.416, 373.426 FS. History–New 6-16-88,Amended 12-22-92, 10-3-95, 1-29-01, 12-10-07, .40B-1.709 Suspension, Revocation, and Modification ofDistrict Permits.(1) The District may suspend or revoke a permit, in wholeor in part, when it determines that the permittee or his agenthas:(a) Submitted false or inaccurate information on hisapplication or operational report.(b) Violated Chapter 373, Florida Statutes, and the rulespromulgated thereunder, or any other provision of Florida lawrelated to the operation of the District.(c) Failed to comply with an administrative order issuedpursuant to Section 373.119, Florida Statutes.(d) Violated a condition of the permit.(e) Failed to permit inspection of the subject property.(2) The District may modify the terms and conditions ofthe permit when it determines that the modification isnecessary to protect the public health, safety, and welfare,prevent a public or private nuisance, or when the continuedutilization of the permit becomes inconsistent with theobjective of the District. In such instances, due considerationshall be given to the extent to which the permittee hasdetrimentally relied upon the permit.(1)(3) The Executive Director shall initiate proceedings tosuspend, revoke, or modify a permit or other authorization byserving a written nNotice rights of Intention upon the permitteeby certified mail or by service of process, or by newspaperVolume 35, Number 33, August 21, 2009publication as provided in Section 120.65(5), F.S. Theadministrative complaint which shall include all of theinformation required by subsection 28-106.2015(4), F.A.C., ofthe Uniform Rules of Procedure state the nature of the intendedaction, and those findings of fact and conclusions of law whichsupport the action.(2)(4) The permittee may request an administrativehearing pursuant to Sections 120.569 and Section 120.57,Florida Statutes, by filing a petition for an administrativehearing with the District within 14 days of receipt of theDistrict’s complaint Notice of Intention. Petitions are deemedfiled upon receipt by the District Clerk. The petition mustcontain all of the following information required by subsection28-106.2015(5), F.A.C., of the Uniform Rules of Procedure.:(a) Name and address of the party making the request;(b) A reference to the case number of the Notice ofIntention; and(c) A statement as to whether the party is requesting aformal subsection 120.57(1), Florida Statutes, or informalsubsection 120.57(2), Florida Statutes, hearing.(d) When a formal hearing is requested, the permittee shalladmit or deny each finding of fact contained in the Notice ofIntention or state that the permittee is without knowledge as tothe same, which shall be deemed to be a denial. The Districtmay decline to hold a formal hearing when there are nodisputed issues of material fact.(3)(5) Failure to comply with the provisions of subsection(2)(4), shall constitute a waiver of the right to a Section 120.69or Section 120.57, Florida Statutes, administrative hearing. Insuch event, the administrative complaint shall become a finalorder of the District and all findings of fact and conclusions oflaw contained therein in the Notice of Intention shall bedeemed uncontested and true in any further judicial oradministrative proceedings.(4)(6) The Board shall consider any timely filed the Noticeof Intention for which a valid petition for a Sections 120.569and 120.57, Florida Statutes, hearing has not been timely filedat the next available regulatory meeting following theexpiration of the 14-day time period mentioned in subsection(2)(4). The permittee or other affected persons may state theirobjections to or comment in favor of the intended action, butthe appearance shall not constitute grounds for anadministrative appeal pursuant to Chapter 120, FloridaStatutes.(5)(7) In the case of an emergency, the District may takeany action necessary to protect the public interest inaccordance with Section 120.60(6), F.S. Executive Directormay enter an order which suspends or revokes a permit, inwhole or in part, or modifies the terms and conditions of thepermit. The permittee shall take immediate whatever action isnecessary to achieve cause immediate compliance with theSection II - Proposed Rules 3963

Florida Administrative Weeklyemergency order, but shall have the right to request an ofadministrative hearing in accordance with appeal, subject tothe provisions of subsections (2)(4) through (4)(7) above.Rulemaking Specific Authority 373.044, 373.113 FS. LawImplemented 120.53(1)(b), (c), 120.60(2), 373.119, 373.429 FS.History–New 9-15-81, Repromulgated 3-17-88, Amended12-21-88, .NAME OF PERSON ORIGINATING PROPOSED RULE:Jon Dinges, Director, Resource Management, Suwannee RiverWater Management District, 9225 County Road 49, Live Oak,Florida 32060, (386)362-1001NAME OF AGENCY HEAD WHO APPROVED THEPROPOSED RULE: Governing Board of the Suwannee RiverWater Management DistrictDATE PROPOSED RULE APPROVED BY AGENCYHEAD: August 11, 2009DATE NOTICES OF PROPOSED RULE DEVELOPMENTPUBLISHED IN FAW: May 9, 2008 and July 2, 2009WATER MANAGEMENT DISTRICTSSuwannee River Water Management DistrictRULE NOS.:RULE TITLES:40B-2.011Policy and Purpose40B-2.021Definitions40B-2.025Processing of Water Use PermitApplications40B-2.041Permits Required40B-2.051Exemptions40B-2.101Content of Application40B-2.201Permit Fees40B-2.301Conditions for Issuance of Permits40B-2.311Competing Applications40B-2.321Duration of Permits40B-2.331Modification of Permits40B-2.341Revocation of Permits40B-2.351Transfer of Permits40B-2.361Renewal of Permits40B-2.381Limiting Conditions40B-2.441Temporary Water Use Permits40B-2.451Emergency Authorization forWithdrawal or Diversion40B-2.501Classification of Permits40B-2.751Investigation, Enforcement, andPenalties40B-2.781EnforcementPURPOSE AND EFFECT: The purpose of the proposed rule isto comprehensively update Chapter 40B-2, F.A.C., forconsistency with Part II, Chapter 373, F.S., and current statewater policy. The proposed rule also incorporates by referencea Water Use Permitting Guide.The effect of the proposed rule is to provide a permittingprogram that results in more efficient water uses andspecifically includes in Rule 40B-2.041, F.A.C., water3964 Section II - Proposed RulesVolume 35, Number 33, August 21, 2009conservation measures for qualifying landscape irrigation usesthat are consistent with the current requirements of the St.Johns River and Southwest Florida water managementdistricts.SUMMARY: Consistent with Chapter 373, F.S., the proposedrule substantively revises the definitions of terms used inChapter 40B-2, F.A.C.; adds a section regarding theapplication process; creates a minor permit by rule for certainlandscape irrigation activities; creates a new exemption by rulefor groundwater remediation activities authorized by FDEP;revises the application information requirements; providesmore detailed conditions for issuance and incorporates apermitting guide by reference; adds a permit durationprovision; provides more detailed permit modification,revocation, transfer, and renewal provisions; revises thelimiting conditions by incorporating by reference new standardand special limiting conditions; adds a section regardingtemporary permits; provides more detailed water useclassifications; and adds a section regarding Y COSTS: All persons, including localgovernments, proposing to use water for any purpose otherthan domestic household purposes will be required to complywith the proposed rule, however, the vast majority of personswill not be required to apply for a permit. Currently, there are2,905 District-issued water use permits for existing legal uses.Some of the proposed amendments will eventually affect all2,905 permittees, depending upon whether and when a permitrenewal or modification is sought, as well as all new permitapplicants. Other proposed changes will affect a smaller subsetof permit applicants. For several of the proposed amendments,the District is not able to anticipate the number of personslikely to be affected. The proposed rule is not expected toresult in any effect on state or local revenues. A number of theproposed amendments are non substantive in that they merelyclarify existing rule language and, therefore, will not result inany increase or decrease in costs. These include changes to thePolicy and Purpose, Permit Fees, Competing Applications, andEnforcement provisions. Other proposed amendments aresubstantive but will not result in any increase or decrease incosts. These include changes to the Definitions,Implementation, and Classification of Permits provisions. Dueto a lack of existing data and the uniqueness of each permitapplication, the majority of the cost increases associated withthe proposed rule are difficult to quantify. Therefore, in thoseinstances, the costs have been qualitatively assessed in terms ofwhether it is a minor, moderate, or major increase. Proposedamendments to the Processing of Water Use Applications,Permits Required, and Modification of Permits provisions areexpected to result in minor to moderate cost savings to theDistrict and permit applicants. Proposed amendments to theExemptions, Duration of Permits, Transfer of Permits, andTemporary Water Use Permits provisions are expected toresult in minor cost increases to the District and permit

Florida Administrative Weeklyapplicants. Proposed amendments to the Content ofApplication, Conditions for Issuance, Modification of Permits,Revocation of Permits, and Limiting Conditions provisions areexpected to result in moderate cost increases for the Districtand minor to major cost increases for permit applicants. In thecase of permit applicants, most of these costs are transactionalcosts, as defined in Section 120.541, F.S. The impact of theproposed rule will be the same on small businesses and smallcities and counties as it will be for any other similarly situatedwater user or permit applicant.Any person who wishes to provide information regarding astatement of estimated regulatory costs, or provide a proposalfor a lower cost regulatory alternative must do so in writingwithin 21 days of this notice.RULEMAKING AUTHORITY: 120.54(5), 373.044, 373.083,373.113, 373.116, 373.118, 373.119, 373.129, 373.136,373.171, 373.219(2) FS.LAW IMPLEMENTED: 120.60, 373.016, 373.019, 373.023,373.042, 373.044, 373.0421, 373.083, 373.103, 373.109,373.116, 373.117, 373.1175, 373.118, 373.129, 373.136,373.216, 373.219, 373.223, 373.226, 373.227, 373.229,373.232, 373.233, 373.236, 373.239, 373.243, 373.244,373.246, 373.250 FS.IF REQUESTED WITHIN 21 DAYS OF THE DATE OFTHIS NOTICE, A HEARING WILL BE SCHEDULED ANDANNOUNCED IN THE FAW.THE PERSON TO BE CONTACTED REGARDING THEPROPOSED RULES IS: Linda Welch, Rules Coordinator,Suwannee River Water Management District, 9225 CR 49,Live Oak, Florida 32060, (386)362-1001 or (800)226-1066(FL only).THE FULL TEXT OF THE PROPOSED RULES IS:PERMITTING OF CONSUMPTIVE USES OF WATER USE40B-2.011 Policy and Purpose.(1) The Suwannee River Water Management District(District) regulates all water uses within its boundariespursuant to the provisions of The purpose of this chapter is toimplement Chapter 373, F.S., Part II, Florida Statutes in amanner consistent with cChapter 62-40, F.A.C. State WaterPolicy, and with the overall policies, goals and objectives ofthe Suwannee River Water Management District and Chapter373, Florida Statutes, Water Resources Act.(2) This chapter implements the comprehensive water usepermit system contemplated in Part II of Chapter 373, F.S.Rulemaking Specific Authority 373.044, 373.113, 373.171, 373.216FS. Law Implemented 373.016, 373.023, 373.103(1), 373.203,373.216, 373.219-.249 FS. History–New 10-1-82, Amended5-1-83, .(Substantial rewording of Rule 40B-2.021 follows. See FloridaAdministrative Code for present text.)Volume 35, Number 33, August 21, 200940B-2.021 Definitions.(1) “Aesthetic Use” means the use of water to augmentfountains, waterfalls, and landscape lakes and ponds wheresuch features are entirely ornamental or decorative.(2) “Agricultural Use” means the use of water for cropproduction or the growing of farm products includingvegetables, pasture, sod, or other cash crops, wastemanagement or water or washing livestock. It includes soilflooding for pest control or soil preservation, and freezeprotection and product washing.(3) “Alternative Water Supplies” means saltwater;brackish surface and ground water; surface water capturedprimarily during wet-weather flows; sources made availablethrough the addition of new storage capacity for surface orground water; water that has been reclaimed after one or morepublic supply, municipal, industrial, commercial, oragricultural uses; the downstream augmentation of waterbodies with reclaimed water; storm water and any other watersupply sources that is designated as non-traditional for a watersupply planning region in the applicable regional water supplyplan.(4) “Aquaculture Use” means the use of water for thespawning, cultivating, harvesting, or marketing of fin-fish,shellfish, crustaceans, alligators, or other aquatic organismsthat have economic value.(5) “Augmentation Use” means the addition of water toartificially maintain the level of natural or artificial waterbodies to either protect habitat for fish and wildlife or toprovide for recreational uses.(6) “Average Daily Rate of Withdrawal (ADR)” means thevolume of water withdrawn during 365 consecutive daysdivided by 365, expressed in million gallons per day. The totalvolume may be calculated using historical data or projectedbased on the best available information.(7) “Basin,” as used in the context of interbasin transfer,means those major river basin areas delineated on Map SeriesNumber 72, published by the Florida Department of NaturalResources, Bureau of Geology, 1975, down to the accountingunit level of recognition. The best information available shallbe used to precisely define basin boundaries.(8) “Bottled Water” means all water which is sealed inbottles, packages, or other containers and offered for sale forhuman consumption, including bottled mineral water, asdefined in Section 500.03(1)(d), F.S.(9) “Change in ownership” means transfer of title to realproperty from the permittee to another person.(10) “Dewatering” means the removal of ground orsurface water to allow construction, excavation, or backfill tobe conducted in a dry condition.(11) “Domestic Use” means the use of water for theindividual personal household purposes of drinking, bathing,cooking, and sanitation. All other uses shall not be considereddomestic.Section II - Proposed Rules 3965

Florida Administrative Weekly(12) “Essential Use” means the use of water forfire-fighting purposes, health and medical purposes, and tosatisfy Federal, State, or local public health, safety and welfarerequirements.(13) “Existing Legal Use” means all uses of water whichare exempt under Chapter 373, F.S. or Chapter 40B-2, F.A.C.,or which have a valid Chapter 373, Part II, F.S., permit.(14) “Golf Course Use” means water used to irrigate anestablishment designed and used for playing golf.(15) “Landscape Irrigation Use” means outside wateringor sprinkling of flora which are not in a commercial nursery orirrigated agricultural crop environment. This use class includesthe watering of lawns, shrubs, private gardens, and trees insuch diverse settings as residential landscaping, public orcommercial recreation areas, or public and commercialbusiness establishments.(16) “Maximum Daily Rate of Withdrawal (MDR)” meansthe volume of water which can be withdrawn during a 24-hourperiod expressed in million gallons per day.(17) “Minimum Flows and Levels” means the minimumflow for a watercourse or the minimum water level for groundwater in an

Florida Prepaid Postsecondary Education Expense Board RULE NO.: RULE TITLE: 19B-4.001 Application PURPOSE AND EFFECT: This rule is amended to reflect the updated form for the Florida Prepaid College Plan and Florida College Investment Plan New Account Application Form and the updated form for the Florida Prepaid College Plan Master Covenant.