Florida Administrative Code

Where a license or permit requires Governing Board action, issuance of a license or permit is deemed to occur upon the approval by the Board. Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.413, 373.4136, 373.416, 373.426 FS. History-New 8-1-89, Amended 8-4-98.

(1) The District shall set forth in writing the reasons for denial of the license or permit application. For applications for environmental resource permits, the District will also explain, in general terms, what changes in the permit application, if any, would address such reaso…

(1) Holders of renewable licenses or permits shall make timely and sufficient application for renewal so as to avoid expiration during the renewal process. When timely and sufficient application is made, the existing license or permit shall not expire until final agency action, o…

(1) Transfer of Ownership or Control. Within 30 days of any transfer of ownership or control of the real property at which any permitted facility, system or activity solely authorized under paragraph 62-330.020(2)(i), F.A.C., and section 1.2.3 of the document entitled "Environmen…

Rulemaking Authority 287.055, 373.113 FS. Law Implemented 287.055, 120.53 FS. History-New 8-1-89, Repealed 11-3-15.

Rulemaking Authority 287.055, 373.113 FS. Law Implemented 287.055 FS. History-New 8-1-89, Amended 9-25-90, 6-17-91, Repealed 11-3-15.

Rulemaking Authority 287.055, 373.113 FS. Law Implemented 287.055 FS. History-New 8-1-89, Repealed 11-3-15.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.083(1), (5) FS. History-New 8-1-89, Amended 10-19-89, 3-14-90, 2-13-01, Repealed 11-3-15.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.083(1), (5) FS. History-New 8-1-89, Amended 10-19-89, 6-17-91, 2-13-01, Repealed 11-3-15.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53 FS. History-New 8-1-89, Repealed 7-21-19.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53 FS. History-New 9-25-90, Amended 11-11-03, Repealed 11-3-15. Subpart B Design-Build Provisions

Pursuant to Section 287.055(10), F.S., the following procedures shall be followed in selecting firms when design-build services are sought for public construction projects. Definitions contained in Section 287.055(2), F.S., have the same meaning in this part except "project." "Pr…

The design criteria professional shall be selected and contracted with pursuant to Section 287.055, F.S., and Part VII of this chapter or shall be an employee of the District. The design criteria professional will not be eligible to render services under design-build contracts ex…

The design criteria professional shall prepare and seal a design criteria package which shall include, but not be limited to, the following: survey information and the legal description of the site; interior space requirements; material quality standards; schematic layouts and co…

Firms seeking to provide design-build services shall be (1) Certified under Section 489.119, F.S., to engage in contracting through a certified or registered general contractor or a certified or registered building contractor as the qualifying agent; and (2) Certified under Secti…

(1) The District shall give public notice of each instance in which professional services are being sought for a design-build project, providing a general description of the project and requesting qualifications from design-build firms. The notice shall appear in newspapers of ge…

District staff shall determine the relative ability of each interested firm to perform the services required for the project based on the factors in subsection 40C-1.714(2), F.A.C. After reviewing the letters of interest, District staff shall select no less than three firms deeme…

(1) Only firms selected as most qualified will be notified by mail by District staff to submit sealed proposals. Firms not selected will be notified by mail. (2) Pursuant to the request for proposals, each selected firm shall timely submit its sealed proposal to the District for …

(1) The District staff shall begin contract negotiations for design-build services with the designated firms in order of rank for fair, competitive and reasonable compensation. (2) Should negotiations with the most highly-ranked firm prove unsuccessful, as determined by the Execu…

(1) The Executive Director or designee reserves the right to reject any and all proposals, provided such action is done in good faith, and is not arbitrary and capricious. (2) If the Executive Director or designee finds it necessary to reject all the proposals, a written statemen…

If the Executive Director or designee determines in writing that an immediate danger to the public health, safety, welfare or other substantial loss to the public requires emergency action, the District staff may proceed with the procurement of the design-build services without c…

When the District reuses existing design criteria packages and resulting plans from a prior project, the requirements of this subpart shall not be applicable. Rulemaking Authority 287.055, 373.113 FS. Law Implemented 287.055 FS. History-New 9-25-90, Amended 6-17-91.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53 FS. History-New 9-25-90, Amended 11-11-03, Repealed 11-3-15. PART VIII RESOLUTION OF BID PROTESTS FROM CONTRACT SOLICITATION PROCESS

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

(1) An individual consumptive use permitting program has been implemented on the following dates within the District: (a) December 31, 1976 at 11:59 p.m. in that area transferred to the District from the Central and Southern Florida Flood Control District pursuant to Section 373.…

(1) The District issues consumptive use permits in two forms, individual permits and general permits by rule. Unless the consumptive use is expressly exempted in Rule 40C-2.051, F.A.C., or qualifies for a general permit by rule in Rule 40C-2.042, F.A.C., the Governing Board hereb…

A general consumptive use permit by rule is hereby established for consumptive uses of water listed below that do not meet or exceed any permitting threshold under subsection 40C-2.041(1), F.A.C., except as provided in subsections 40C-2.042(8), (9), (10), (11), (12) and (13), F.A…

No permit shall be required under the provisions of this chapter for the following water uses: (1) Domestic consumption of water by individual users as defined by Section 373.019(6), F.S. (2013). (2) Those uses for which certification has been obtained pursuant to the provisions …

(1) The Governing Board hereby adopts by reference: (a) Part I (https://flrules.org/Gateway/reference.asp?No=Ref-18746), subsections 62-40.416(7)-(8), F.A.C., effective November 3, 2015, in Appendix G (https://www.flrules.org/Gateway/reference.asp?No=Ref-04443), Limiting Conditio…

(1) To obtain a consumptive 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 existi…

The Governing Board finds that reserving a certain portion of the surface water flow through Prairie Creek and Camps Canal south of Newnans Lake in Alachua County, Florida, is necessary in order to protect the fish and wildlife which utilize the Paynes Prairie State Preserve, in …

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.233 FS. History-New 1-1-83, Formerly 40C-2.311, 40C-2.0311, Repealed 11-3-15.

(1) The provisions of section 1.5, Applicant's Handbook: Consumptive Uses of Water, which is incorporated by reference in paragraph 40C-2.101(1)(a), F.A.C., shall be applied in determining permit durations. (2) Nothing herein shall preclude or otherwise prevent the District from …

(1) A request for modification of a valid permit issued pursuant to Chapter 40C-2 or 40C-20, F.A.C., shall be made as set forth in this section: (a) By application on District Form Number 40C-2.900(1), 40C-2.900(2), or 40C-2.900(3), which are incorporated by reference in subsecti…

The District may transfer a permit in accordance with Rule 40C-1.612, F.A.C. The permit will be transferred under the same terms and conditions contained in the permit provided the source(s) and use(s) remain the same. All terms and conditions of the permit shall be binding on th…

(1) A permittee may apply to the District for renewal of a permit no earlier than one year prior to the termination of the permit unless the permittee shows good cause for earlier consideration. (2) Applications for renewal of consumptive use permits shall be processed in accorda…

(1) Consumptive use permits shall be conditioned, as necessary, to ensure that the permitted consumptive use continues to meet the conditions for issuance in Rule 40C-2.301, F.A.C. There are two categories of permit conditions that will be applied to consumptive use permits. Stan…

(1) Upon issuance of a consumptive use permit, the Permittee shall affix to the pump, headgate, valve, or other withdrawal facility a permanent tag bearing a use identification number as identified by a condition of the permit. If the permit covers several facilities such as a we…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.244 FS. History-New 1-1-83, Formerly 40C-2.441, 40C-2.0441, Repealed by Section 5, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) Each permit shall be classified by the District according to type of use, source, and location of withdrawal as a subclass or category of source. (2) Use Types: Each permit shall be identified with one or more of the following use classifications: (a) Agricultural. (b) Commer…

(1) Consumptive Use Permit Application, Form Number 40C-2-900(1), effective August 14, 2014, is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-04416. This form is referenced in subsection 40C-2.041(3), paragraphs 40C-2.042(2)…

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.083, 373.118, 373.219, 373.223 FS. History-New 7-23-91, Amended 4-25-96, 12-27-10, Repealed 8-14-14.

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.219, 373.223 FS. History-New 7-23-91, Amended 4-25-96, Repealed 8-14-14.

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.109, 373.223 FS. History-New 7-23-91, Amended 4-25-96, Repealed 8-14-14.

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.236 FS. History-New 7-23-91, Amended 4-25-96, Repealed 8-14-14.

Rulemaking Authority 120.53(1), 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 120.52(16), 373.116, 373.229 FS. History-New 7-23-91, Amended 4-25-96, 10-2-96, Repealed 8-14-14.

(1) The rules in this chapter comprise the District's water shortage plan required under section 373.246(1), F.S., and include restrictions pursuant to section 373.175, F.S. (2) These rules apply to all water uses including those exempt from permitting pursuant to chapter 40C-2, …

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History-New 1-1-84, Repealed by Section 5, Chapter 2012-31, Laws of Florida, 5-27-12.

When used in this chapter: (1) "Agricultural Uses" are water uses associated with the production and freeze protection of crops, nursery products, sod, and pasture, as well as the cultivation of animals and plants associated with farming and aquacultural activities. (2) "Commerci…

(1) This rule sets forth the manner in which the District will periodically evaluate water conditions within the District. Data thereby generated assists the District in determining whether and to what extent a water shortage should be declared. (2) Monitoring data - Water data a…