Florida Administrative Code

(1) For all District permitting decisions under Part II and Part IV of Chapter 373, F.S., and decision on petitions for formal determination of wetlands or other surface waters, the District shall require an applicant to publish, or inform an applicant that the applicant has the …

When used in Division 40B, F.A.C.: (1) "Act" means the Florida Water Resources Act of 1972, Chapter 373, F.S., and amendments to it. (2) "Board" means the Governing Board of the District. (3) "District" means the Suwannee River Water Management District, or its successor agency. …

(1) In order to eliminate duplicative permitting, to provide for consolidation of data collection, and to coordinate water-related programs, the District, as needed, enters into agreements with other agencies exercising powers that affect water resources of the State. (2) The Dis…

(1) The District is delegated authority by the Department of Environmental Protection to assume certain responsibilities of Chapter 373, F.S. This delegation, general to the Water Management Districts, is pursuant to authority contained in Sections 373.016 and 373.103, F.S., and …

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.569(2)(i), 120.57(4), 373.219(2) FS. History-New 9-15-81, Amended 1-29-01, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57, 120.60, 373.085, 373.106, Ch. 373, Parts II, IV FS. History-New 9-15-81, Amended 3-17-88, 10-3-95, 1-29-01, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) General Permits. (a) Section 373.118, F.S., authorizes the governing board to adopt rules establishing a general permit system for projects or categories of projects which have, either singly or cumulatively, a minimal adverse impact on water resources of the district. The go…

(1) The Board may require the applicant for a permit to furnish a bond or some other alternative form of security made payable to the District and its successors, with a reputable bonding company authorized to do business in this state as surety, conditioned upon full compliance …

Rulemaking Authority 120.53(1), 120.54(10), 373.044, 373.113 FS. Law Implemented 373.219(2), 373.229(2), 373.429 FS. History-New 9-15-81, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) Section 373.109, F.S., authorizes the governing board to establish a schedule of fees for filing applications for permits required by district rules. The schedule of fees is listed in TABLE 1.A. - B. SCHEDULE OF PERMIT FEES. Fees shall be due at the time of filing an applicat…

(1) The Executive Director shall initiate proceedings to suspend, revoke, or modify a permit or other authorization by serving a written notice rights upon the permittee by certified mail or by service of process, or by newspaper publication as provided in Section 120.65(5), F.S.…

(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…

District funds may be disbursed by wire or electronic transfer. All wire or electronic transfer transactions shall be made according to the following procedure: (1) The Executive Director, or the Executive Director's designee, shall authorize and supervise all wire or electronic …

Rulemaking Authority 120.53(1) FS. Law Implemented 287.055 FS. History-New 9-15-81, Amended 8-19-92, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 120.53(1) FS. Law Implemented 287.055 FS. History-New 9-15-81, Amended 8-19-92, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 120.53(1) FS. Law Implemented 287.055(4) FS. History-New 9-15-81, Repromulgated 3-17-88, Amended 12-21-88, 8-19-92, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 120.53(1) FS. Law Implemented 287.055(5) FS. History-New 9-15-81, Amended 8-19-92, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 120.53(1) FS. Law Implemented 287.055 FS. History-New 9-15-81, Amended 8-19-92, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 120.53(1) FS. Law Implemented 287.055 FS. History-New 9-15-81, Repromulgated 8-19-92, Repealed 1-19-16.

Rulemaking Authority 287.055(3)(b), 120.53(1) FS. Law Implemented 287.055, 120.53(1) FS. History-New 9-15-81, Amended 3-17-88, 8-19-92, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 120.53(1) FS. Law Implemented 287.055(5) FS. History-New 3-17-88, Amended 8-19-92, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044 FS. Law Implemented 120.53 FS. History-New 3-17-88, Amended 12-21-88, 8-19-92, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044 FS. Law Implemented 120.57(3) FS. History-New 3-17-88, Amended 8-19-92, 1-29-01, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History-New 9-15-81, Amended 3-17-88, 12-21-88, 10-8-89, 6-17-93, 10-3-95, 1-3-96, 6-22-99, 1-29-01, 5-15-05, 7-7-08, 4-1-10, 10-1-13, Repealed 3-24-14.

(1) A person who is a "lobbyist" as defined in Section 112.3215(1)(h), F.S., may not lobby the Suwannee River 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 Registrat…

The purpose of this Chapter is to implement the provisions of Part II of Chapter 373, F.S., within the Suwannee River Water Management District (District) in a manner consistent with Chapter 62-40, F.A.C. (2025), http://flrules.org/Gateway/reference.asp?No=Ref-18360, hereby incor…

(1) "Alternative Water Supplies" means saltwater; brackish surface and ground water; surface water captured primarily during wet-weather flows; sources made available through the addition of new storage capacity for surface or ground water; water that has been reclaimed after one…

Rulemaking Authority 120.54(5), 373.044, 373.113, 373.171 FS. Law Implemented 120.60, 373.116, 373.229, 373.239 FS. History-New 1-6-10, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) An individual water use permitting program became effective on October 1, 1982, and has been implemented throughout the District. (2) A general water use permit by rule permitting program became effective on March 24, 2014 and has been implemented throughout the District. Rul…

(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) A water user shall obtain one permit for all withdrawals that are intended to serve contiguous property. Two or mo…

The following activities are exempt from the requirements of obtaining water use permits specified in Rule 40B-4.041, F.A.C. No permit is required for: (1) Domestic uses as defined in Section 373.019(6), F.S.; (2) Water used strictly for fire-fighting purposes; (3) Withdrawals ma…

Applications for permits required by this chapter shall be filed with the District and contain the following: (1) The information specified in Section 373.229, F.S.; (2) The appropriate application form incorporated by reference in Rule 40B-2.041, F.A.C., which is available at Di…

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.109 FS. History-New 10-1-82, Amended 5-1-83, 6-16-88, 1-6-10, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) To obtain a water use permit, renewal, or modification, an applicant must provide reasonable assurance that the proposed consumptive use of water, on an individual and cumulative basis: (a) Is a reasonable-beneficial use; (b) Will not interfere with any presently existing leg…

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.233, 373.236 FS. History-New 10-1-82, Amended 1-6-10, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) Pursuant to Section 373.236, F.S., the District shall issue permits with 20-year durations when the applicant requests a 20-year duration as part of its permit application and provides reasonable assurance that the District's conditions for permit issuance will be met for 20 …

(1) An application to modify a valid water use permit shall be approved by the Executive Director or their designee without a hearing if all the following are met: (a) The application meets the conditions for issuance in Rule 40B-2.301, F.A.C., that apply to the modification requ…

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 120.60, 373.171, 373.243 FS. History-New 10-1-82, Amended 1-6-10, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) An applicant requesting to continue all or part of a permitted water use that has changed ownership shall submit a complete Water Use Permit Transfer Form 40B-2.351A, http://www.flrules.org/Gateway/reference.asp?No=Ref-16447, effective March 2024, within 180 days of the acqui…

(1) An application for permit renewal may be made at any time within one year of the expiration date, unless the permittee can show good cause for earlier consideration. All permit renewal applications shall be treated in the same manner as the initial application. (2) All permit…

(1) The Governing Board shall impose such reasonable conditions upon any water use permit as are necessary to assure that the proposed use of water is consistent with the overall objectives, policy, and purpose of the District as set forth in Chapter 373, F.S., and will not be ha…

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.219, 373.223, 373.229, 373.244 FS. History-New 1-6-10, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113, 373.171, 373.216 FS. Law Implemented 120.60(5), 373.113, 373.219, 373.244 FS. History-New 10-1-82, Repealed 1-6-10.

Each permit for water use shall be assigned one or more classifications according to the source(s) of supply, method(s) of withdrawal, and use(s) of the water. The classifications shall be as follows: (1) Source of Supply Classes. (a) Surface Water. Withdrawals from surfacewater …

Rulemaking Authority 373.044, 373.129, 373.219(2) FS. Law Implemented 373.043, 373.044 FS. History-New 10-1-82, Repealed 1-6-10.

Rulemaking Authority 373.044, 373.083, 373.119, 373.129, 373.136, 373.219(2) FS. Law Implemented 373.044, 373.119, 373.129, 373.136, 373.243 FS. History-New 1-6-10, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113, 373.171, 373.219, 373.229 FS. Law Implemented 373 Part II FS. History-New 10-1-82, Amended 5-1-83, Repealed 9-7-10.