Florida Administrative Code

Rulemaking Authority 413.22 FS. Law Implemented 413.24, 413.28, 413.30, 413.731 FS. History-New 3-1-00, Repealed by Section 14, Chapter 2012-31, Laws of Florida, 7-1-13.

Rulemaking Authority 413.22 FS. Law Implemented 413.24, 413.28, 413.32 FS. History-New 3-1-00, Repealed by Section 14, Chapter 2012-31, Laws of Florida, 7-1-13.

Rulemaking Authority 413.22 FS.Law Implemented 413.24, 413.28, 413.30, 413.32, 413.731 FS.History-New 3-1-00, Repealed by Section 14, Chapter 2012-31, Laws of Florida, 7-1-13.

Rulemaking Authority 413.051(12) FS. Law Implemented 413.051 FS. History-New 4-5-83, Amended 7-9-84, Formerly 6A-18.02, 6A-18.002, Amended 10-20-98, Transferred to 6A-18.040.

Rulemaking Authority 413.051(12) FS. Law Implemented 413.051 FS. History-New 4-5-83, Amended 11-5-85, Formerly 6A-18.03, 6A-18.003, Amended 10-20-98, Transferred to 6A-18.041.

Rulemaking Authority 413.051(12) FS. Law Implemented 413.051 FS. History-New 4-5-83, Amended 11-5-85, Formerly 6A-18.04, Amended 7-8-87, Formerly 6A-18.004, Amended 10-20-98, Transferred to 6A-18.042.

Rulemaking Authority 413.051(12) FS. Law Implemented 413.051 FS. History-New 10-20-98, Transferred to 6A-18.0421.

Rulemaking Authority 413.051(12) FS. Law Implemented 413.051 FS. History-New 10-20-98, Transferred to 6A-18.0422.

Rulemaking Authority 413.051(12) FS. Law Implemented 413.051 FS. History-New 10-20-98, Transferred to 6A-18.0423.

Rulemaking Authority 413.051(12) FS. Law Implemented 413.051 FS. History-New 10-20-98, Transferred to 6A-18.0424.

Rulemaking Authority 413.051(12) FS. Law Implemented 413.051 FS. History-New 10-20-98, Transferred to 6A-18.0425.

Rulemaking Authority 413.051(12) FS. Law Implemented 413.051 FS. History-New 4-5-83, Amended 7-9-84, 11-5-85, Formerly 6A-18.09, 6A-18.009, Amended 10-20-98. Cf. 45 C.F.R., Part 1369.14, Transferred to 6A-18.043.

Rulemaking Authority 413.051(12) FS. Law Implemented 413.051 FS. History-New 4-5-83, Amended 11-5-85, Formerly 6A-18.10, Amended 7-8-87, Formerly 6A-18.010, Amended 10-20-98, Transferred to 6A-18.044.

Rulemaking Authority 20.05(5), 229.053(1), 413.051(12) FS. Law Implemented 413.041, 413.051 FS. History-New 3-1-93, Formerly 6A-18.012. Cf. 34 C.F.R. Part 395.7(3)(b), 23 U.S.C. 111(b), 20 U.S.C., Section 107 et seq, Transferred to 6A-18.045.

Rulemaking Authority 413.051(12) FS. Law Implemented 413.051 FS. History-New 10-20-98, Transferred to 6A-18.046.

Rulemaking Authority 20.05(1), 20.15(7), 120.53(1)(b), 229.053(1), 413.011(1)(m) FS. Law Implemented 20.05(1), 20.15(7), 120.53(1)(b), 413.011, 413.051, 413.091 FS. History-New 6-28-83, Formerly 6A-18.15, 6A-18.015, Transferred to 6A-18.047.

Rulemaking Authority 20.05(1), 20.15(7), 120.53(1)(a), 229.053(1), 413.066 FS. Law Implemented 20.05(1), 413.066 FS. History-New 6-2-85, Formerly 6A-18.23, 6A-18.023. Cf. DBS-031, Application for Permit to Solicit for the Benefit of Blind Persons, Transferred to 6A-18.048.

Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1), 413.011(1)(l) FS. Law Implemented 413.011(1) FS. History-New 2-13-84, Formerly 6A-18.33, 6A-18.033, Transferred to 6A-18.049.

Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1), 413.011(1)(l) FS. Law Implemented 120.53(1), 413.011(1), 413.021, 413.031 FS. History-New 2-13-84, Formerly 6A-18.35, 6A-18.035, Transferred to 6A-18.050.

Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1), 413.011(1)(l) FS. Law Implemented 120.53(1), 413.011(1) FS., 34 C.F.R., Part 361.47. History-New 2-13-84, Formerly 6A-18.36, 6A-18.036, Transferred to 6A-18.051.

Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1), 413.011(1)(l) FS. Law Implemented 120.53(1), 413.011(1) FS. History-New 2-13-84, Formerly 6A-18.37, 6A-18.037, Transferred to 6A-18.052.

Rulemaking Authority 20.05(1), 20.15(7), 120.53(1), 229.053(1), 413.011(1)(l) FS. Law Implemented 120.53(1), 413.011(1) FS. History-New 2-13-84, Formerly 6A-18.39, 6A-18.039, Transferred to 6A-18.053.

Rulemaking Authority 373.044 FS. Law Implemented 373.046, 373.083 FS. History-New 3-2-00, Repealed 8-6-13.

(1) District funds may be disbursed with the Board's approval by check bearing the signatures or facsimile signatures of the secretary-treasurer or assistant secretary-treasurer, and the chairman or vice chairman. All general and interfund checks issued shall be reported to the B…

Terms as defined in Chapters 120 and 373, F.S., apply throughout these rules. In addition: (1) District - the Northwest Florida Water Management District. (2) District Offices - locations staffed by District personnel from which materials incorporated by reference into the rule c…

Rulemaking Authority 120.54(5), 373.044, 373.113 FS. Law Implemented 120.54(5), 373.175, 373.246 FS. History-New 7-1-98, Repealed 4-17-18.

(1) Petitions for variances from District rules, including but not limited to Rules 40A-3.451, 40A-6.451, 40A-21.275 and 40A-44.451, F.A.C., that require immediate action and which comply with the variance petition requirements of Chapter 28-104, F.A.C., shall be temporarily acte…

(1) The District's publication of notice of its decisions or of its intent to render a decision in the Florida Administrative Register, or in newspapers of general circulation in the area affected by such decisions, whichever is later, or, where appropriate, mailing copies of its…

Rulemaking Authority 120.54(5), 373.044, 373.113, 373.118, 373.4136 FS. Law Implemented 120.54(5), 120.60, 373.084, 373.085, 373.171, 373.216, 373.219, 373.229, 373.308, 373.309, 373.118, 373.2295, 373.323, 373.413, 373.416, 373.418, 373.426 FS. History-New 7-1-98, Amended 3-2-00…

Rulemaking Authority 120.54(5), 373.044 FS. Law Implemented 120.57(3), 373.083 FS. History-New 7-1-98, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 120.54(5), 373.044, 373.118 FS. Law Implemented 373.118 FS. History-New 7-1-98, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 287.055, 373.083 FS. History-New 3-31-80, Formerly 16G-1.47, 40A-1.801, Amended 5-4-87, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 287.005, 373.083 FS. History-New 10-1-84, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.083 FS. History-New 10-1-84, Amended 6-8-86, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) A fee is required and shall be paid to the District when certain applications or petitions are filed pursuant to District rules. This fee is for the purpose of helping defray the costs of evaluation, processing, noticing, advertising, and mailing required in connection with c…

(1) The District shall only grant an easement across, under or through District-owned lands to a privately-owned parcel of land upon the affirmative vote of the Governing Board based upon the following criteria: (a) A written analysis performed by the person or entity requesting …

(1) Procedures for permit applications shall be in accordance with Chapter 120, F.S., and this chapter. (2) For an agricultural or forestry surface water management permit pursuant to paragraph 40A-44.041(2)(b) or (c), F.A.C., or an Individual Water Use Permit pursuant to Rule 40…

(1) The District shall suspend or revoke a permit, in whole or in part, or employ any of the remedial measures authorized by Section 373.439, F.S., when it determines that the permittee or his agent has: (a) Submitted false or inaccurate information on an application, operational…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.244 FS. History-New 10-1-84, Repealed 8-6-13.

(1) Any person may file a written complaint with the District alleging that a person is making a diversion, withdrawal, impoundment, or consumptive use of water not exempt under the provisions of Chapter 373, F.S., and without a permit. (2) The complaint shall specify to the best…

(1) An Order and Notice of Violation shall be served by actual service or certified mail on the alleged violator or violators. The Order and Notice of Violation shall specify the statute, rule, or permit provision alleged to be violated or about to be violated, shall indicate the…

(1) An emergency exists when immediate action is necessary to protect public health, safety or welfare; the health of animals, fish or aquatic life; the works of the District; a public water supply; or recreational, commercial, industrial, agricultural or other reasonable uses of…

(1) Upon receipt of a complaint filed pursuant to Rule 40A-1.207, F.A.C., the District shall conduct an investigation and make a determination of probable cause. The District may conduct other investigations and make other probable cause determinations as are authorized or requir…

(1) A person who is a "lobbyist" as defined in Section 112.3215(1)(h), F.S., may not lobby the Northwest Florida Water Management District (the "District") until he or she has registered as a lobbyist with the District. Registration shall be made by completing the "Lobbyist Regis…

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.171, 373.216, 373.219 FS. History-New 10-1-82, Amended 1-5-86, 10-1-95, 7-1-98, 5-29-14, Repealed 4-6-26.

(1) Alternative water supply - a water source that meets the definition in Section 373.019, F.S. (2) Annual average daily withdrawal - an amount of water that is equal to the total volume of water withdrawn or diverted from all sources during one year divided by 365 days, and exp…

(1) Unless expressly exempted by law or District rule, a water use permit must be obtained from the District prior to any use, withdrawal, or diversion of water. (2) The District issues water use permits in two forms, Individual Water Use Permits and General Water Use Permits. Ge…

No permit is required under Rule 40A-2.041, F.A.C., for water used strictly for domestic use which occurs in a private residence, and includes no more than one rental residence or no more than four non-rental residences served by one well. Rulemaking Authority 373.044, 373.113, 3…

(1) General Water Use Permit by Rule. (a) The Board hereby grants a General Water Use Permit for all non-exempt, water uses of water that satisfy the following criteria: 1. Have a cumulative average annual daily withdrawal less than 100,000 gallons per day on an annual basis; 2. …

(1) In order to obtain an individual permit, an applicant shall file with the District a Water Use Permit Application including any necessary supplemental forms and attachments required for the type of permit and the water use(s) for which application is being made. The applicati…