Florida Administrative Code

(1) For all District permitting decisions, the District shall publish, or inform a permit applicant that the applicant has the right or obligation to publish, written notice of a District decision in the Florida Administrative Register or a newspaper of general circulation as set…

(1) The applicant shall have 90 days from receipt of a request for additional information regarding a permit or license application, a petition for a formal determination of the landward extent of wetlands and other surface waters, or a petition for a variance or waiver undergoin…

(1) Permission to begin construction, alteration, operation, maintenance, abandonment, or removal of any system requiring a permit under Chapter 40C-44 or 62-330, F.A.C., prior to the issuance of a permit may be applied for, in writing, when emergency conditions can be alleviated…

(1) Emergency well construction permits shall be issued by the executive director or his designee when one of the following conditions exist which justifies the issuance: (a) An existing well supplying a particular use has failed and must be immediately replaced; (b) The health, …

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.116, 373.118, 373.229 FS. History-New 7-23-91, Amended 4-25-96, Formerly 40C-20.112, Amended 8-4-98, Repealed 8-14-14.

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.116, 373.118, 373.229 FS. History-New 4-25-96, Formerly 40C-22.010, Amended 8-4-98, Repealed 8-14-14.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History-New 10-3-95, Amended 1-4-96, Formerly 40C-400.211, Amended 8-4-98, 12-27-10, Repealed 10-1-13. Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

Rulemaking Authority 373.044, 373.046, 373.113 FS. Law Implemented 373.016(5), 373.046, 373.103, 373.421(2) FS. History-New 8-1-89, Amended 11-12-92, 10-3-95, 12-3-98, 11-11-03, 7-1-07, Repealed 10-1-13. Editorial Note: Repealed pursuant to paragraph 373.413(2)(c), F.S.

Rulemaking Authority 373.044, 373.113, 373.088 FS. Law Implemented 373.096, 373.089, 373.139(2), 373.088 FS. History-New 1-12-10, Amended 9-30-12, Repealed 12-23-15.

(1) The District is delegated authority by the Department to assume certain responsibilities of Chapters 373 and 403, F.S. This delegation is pursuant to authority contained in Sections 373.016, 373.103 and 403.805(1), F.S., and is described in Rule 62-113.200, F.A.C. (2) The Boa…

Unless otherwise provided by law, in the event that a proposed project or activity subject to the permit requirements of Division 40C, F.A.C., lies within a larger project area, a portion of which extends beyond the District's boundary, said proposed project or activity will be a…

Unless expressly exempted by law or District rule, permits or licenses must be obtained from the District prior to commencement of the following activities: (1) A consumptive use permit, pursuant to Chapter 40C-2, F.A.C., must be obtained prior to certain diversions or withdrawal…

A fee is required and shall be paid to the District when certain applications or petitions are filed pursuant to District rules or permit programs delegated to the District. Effective October 1, 1990, governmental entities shall be required to submit the fees established except a…

Rulemaking Authority 373.044, 373.113, 373.171, 380.06(9) FS. Law Implemented 380.06(9) FS. History-New 7-6-86, Formerly 40C-1.132, Amended 8-1-89, 9-25-91, 9-8-92, 10-3-95, Repealed 10-1-13. Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c ), F.S.

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 …